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Our 40 year journey ANNUAL REPORT
Aboriginal Legal Rights Movement Inc 2012 – 2013 Justice without prejudice
Our 40 year journey ANNUAL REPORT
Aboriginal Legal Rights Movement Inc 2012 – 2013 Justice without prejudice
ACKNOWLEDGMENTS © Aboriginal Legal Rights Movement Inc
ALRM Acknowledgment of Traditional Owners
This work is copyright. Apart from use as permitted under the Copy Right Act 1968, no part may be reproduced without the permission of the Chief Executive Officer, ALRM. This report is available from ALRM offices, and can also be downloaded from http://www.alrm.org.au
“We acknowledge this land that we meet on today is the traditional lands of the Kaurna people and that we respect their spiritual relationship with their country.
ALRM is aware that many Aboriginal people are offended by the depiction of deceased members of their communities. While we have made every effort to ensure that only pictures of Aboriginal people still living are used, the Aboriginal community is respectfully advised that some photographs may contain images of people who have passed away. ALRM acknowledges the Australian Government, the Federal Attorney-General’s Department, the South Australian Department for Premier and Cabinet, the South Australian Department for Families and Communities for funding support. It also acknowledges the significant support from the Commonwealth Bank.
We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaurna people today. We also pay respects to the cultural authority of Aboriginal people visiting/attending from other areas of South Australia/ Australia present here.”
© Sarah Pritchard
LOCATIONS ALRM Adelaide City Office Aboriginal Legal Rights Movement Inc (ALRM) 321–325 King William Street, Adelaide, SA 5000 Ph: (08) 8113 3777 (24-hour service phone number) Fax: (08) 8211 7618 (Admin) or (08) 8113 3755 (Legal) Email: info@alrm.org.au Website: www.alrm.org.au ALRM’s FREECALL number 1800 643 222. The number is available from fixed phone lines or from mobile phones within South Australia.
ALRM Regional Offices Port Augusta 12 Church Drive Port Augusta SA 5700 Ph: (08) 8113 3788 Coober Pedy C/– Umoona Community Council Umoona Road, Coober Pedy SA 5723 PO Box 300, Coober Pedy SA 5723 Ph: (08) 8672 5246 Ceduna Cnr East Terrace and Merghiny Drive Ceduna SA 5690 Ph: (08) 8113 3799 Murray Bridge 27 Beatty Terrace Murray Bridge SA 5253 Ph: (08) 8113 3766 Port Lincoln C/– Port Lincoln Aboriginal Community Centre (PLACC) 30 Ravendale Road Port Lincoln 5606 Cnr East Terrace and Merghiny Drive Ceduna SA 5690 Ph: (08) 8682 6677
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CONTENTS Letter of Transmittal
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About ALRM
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Chairperson’s Report
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Chief Executive Officer’s Report
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ALRM Board
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ALRM Staff List
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Organisational Structure
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Director of Legal Services
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Civil Section
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Criminal Section
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Community Legal Education
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Low Income Support Program (LISP)
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Financial Counselling
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40 Years
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Finance Section
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Operations and Client Services
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Regional Offices
38
Financial Statements
45
Appendices
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A: Acronyms and Abbreviations
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B: List of Figures and Tables
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Our 40 year journey
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ABOUT ALRM Aboriginal Legal Rights Movement Inc (ALRM) is an independent Aboriginal community controlled organisation governed by an all Aboriginal Board. The Board consists of 10 members appointed from Aboriginal communities from metropolitan and country centres across South Australia. Through the provision of legal services and associated activities, ALRM promotes legal, cultural, economic, political and social rights for Aboriginal and Torres Strait Islander peoples as dispossessed peoples within South Australia. ALRM’s major aim is to advance the legal interests of Aboriginal people in South Australia and to ensure that those interests and rights are protected by the law and not adversely affected by abuse or misuse of any powers under the law. ALRM provides comprehensive legal advice and assistance through its staff lawyers and, where appropriate, private lawyers, to people of Aboriginal descent and their spouses. ALRM also acts as a lobby group and, where able, implements support programs that assist in addressing some of the issues known to contribute to Aboriginal people coming into contact with the criminal justice system.
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CHAIR PERSON’S REPORT Welcome to the 40th Annual report for the Aboriginal Legal Rights Movement Inc. This year we celebrate 40 years of service to our communities across South Australia. ALRM was originally established in December 1971 and became incorporated on 25 January 1973. Historically, ALRM was the second Aboriginal Legal Service to be set up after NSW Aboriginal Legal Service became established in 1969. Activitist Gary Foley and Professor J H Wooton assisted ALRM to develop its organisation. ALRM acknowledges the great work of the Aboriginal Cultural Centre Inc and the Council of Aboriginal Women of SA Inc and everyone else involved for developing ALRM to empower the rights of all Aboriginal South Australians. There are many challenges for ALRM particularly if the coalition goes ahead with their proposed cuts to funding to all Aboriginal Legal Services across Australia. We will continue to do our best to lobby through the National Aboriginal Torres Strait Islander Legal Services body and through relevant political parties to seek support to try and overturn the coalition’s proposals. Any cuts to Aboriginal Legal Services may result in Aboriginal people being unrepresented in the courts and may well have a detrimental impact on ALRM’s capacity to provide after hours services to our community when arrested.
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ALRM is taking every initiative to work within the State and also at the National level to continue to strive to achieve the best outcomes for our people within the justice system. I am not sure whether I will be returning as the Chairperson of the Aboriginal Legal Rights Movement or as a member of the ALRM Board until the selection process from the independent Board Appointment Committee has been finalised. I’d like you to note some of our achievements as an organisation over the last three years: • The launch of our book on ALRM’s history. • Our continued participation and involvement the UN expert mechanism of the rights of Indigenous peoples. • Our success in the Trevorrow case. • The appointment of our new CEO, Ms Cheryl Axleby. • The success of the Shearer review and the implementation of its recommendations. • The restructure of our organisational management. In closing, in case this is my goodbye to community, as Chairperson of ALRM; I recognise it’s been a huge privilege and a great honour. May I also thank my Board colleagues, CEO, Senior Management and general staff for their generous assistance and support to the Board. Thanks must also go to the community for their admirable support of ALRM especially in raising issues we should consider as a Governing Board on their behalf. Frank H Lampard OAM Chairperson
It is very crucial, for our community members to now stand up and demonstrate their support and to ensure, that you do not want cuts to the services that we are delivering, where we are continuing to try and meet the demands of our peoples, who are the most over represented within the justice and child protection systems.
Our 40 year journey
CHIEF EXECUTIVE OFFICER’S REPORT ALRM celebrated its 40th Anniversary on 25 January 2013. We commemorate this significant milestone, by revisiting the past and to acknowledging and thanking all who have contributed to ALRM as Board members, staff members, volunteers and as individual community members. Since 1973 ALRM has grown from a staff of three in 1973 to now employing approximately 60 valuable staff members and volunteers. Back in 1973 we had a budget of some $24,000.00. Today we have a budget of $4.5 million. ALRM is in a much more stable position financially this year, as we are better managing our resources and our budget. We have undertaken many opportunities to revisit contractors to ensure we are getting the best value for our dollar.
Achievements this year: • Completed the implementation of the Shearer Review. • Implemented the recommendations from the Deloitte Review. • Improved ALRM information technology and telephone systems. • Increased training opportunities for staff. • Improved ALRM profile with stakeholders and community members. • Increased numbers of Aboriginal community members accessing ALRM services. • Improved our financial management and expenditure reducing ALRM risk rating. • Improved our relationship with our funding body. • Provided feedback on legislation and its impact on Aboriginal people in South Australia.
This coming year we will: • Improve our data collection. • Introduce training plans for all staff. • Undertake and monitor continuous improvement within our practices. • Increase cultural competency across the organisation. • Introduce management training and succession planning. • Undertake governance training for Board members. • Continue to raise ALRM profile with stakeholders and community. • Increase community legal education across the State. We will continue to address the ever increasing rates of our people appearing before the justice system. We are committed to supporting Justice Reinvestment initiatives, to increase opportunities for early intervention and prevention and advocate for those who do not have to be incarcerated such as less serious offenders, an initiative we believe will assist to reduce incarceration rates for our people. This is a big task. ALRM is a member of the SA Justice Reinvestment Working Group and we are in the midst of advocating for a pilot initiative for Aboriginal Youth.
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ALRM is very committed and we actively participate at the national and state levels on a variety of agendas that impact Aboriginal and Torres Strait Islanders. We have been providing a voice for Aboriginal South Australians since the early 70s with regards to Law and Justice, Land Rights, Human Rights at state, national and international levels. This is something we should all be very proud of. Some of the initiatives where ALRM played a lead role are: • The Royal Commission into Aboriginal Deaths In Custody. • Mabo legislation and the development of the Native Title Unit, now known as the South Australian Native Title Services. • The Bringing Them Home Inquiry. • The Royal Commission into the Abuse of Children within Institutionalised Care. • Raising awareness and advocating for legislative change. within SA and National level, through consultations and presenting to parliamentary select committees. ALRM received funding for the current life of our funding agreement, for increased services to assist community members with representation in Child Protection and Family Law. We have increased staff levels to provide these services. Changes to legislation at the national and state levels will continue to have an impact and result in the ever-increasing levels of incarceration and over representation rates of Aboriginal people. ALRM is very alarmed by the high numbers of Aboriginal children being removed, of the increasing statistics of Aboriginal women and men being imprisoned and the over representation of youth in the justice system. We are proud of the wide range of services that we provide. We are evolving and we will continue to reshape our organisation to be the best service provider and employer of choice for Aboriginal and Torres Strait Islander people in South Australia. ALRM is committed to working collaboratively with our sister Aboriginal services across the state with a view to gaining a strong and united voice. We have been actively calling for CEOs of Aboriginal non-government called ACCON – Aboriginal Community Controlled Organisation Network to come together and to meet regularly. We will continue to advocate for this in 2013–2014. Our aim is to seek a commitment to work better together, to achieve the best possible outcomes and quality services. Finally, we are here again seeking Constitutional Recognition! We all have different opinions about it. We question, is it going far enough? We have valid concerns about the Government’s ability to make laws that contravene our rights under the Racial Discrimination Act. Afterall, we celebrated the development of the Act in 1975, to make Racial Discrimination illegal!
The ALRM has received an increase in its funding for the period 2013–2015 to increase services in Family Law and Child Protection. We will be employing at least three more solicitors and will be increasing our capacity for civil law services in the country regions to increase representation. This funding increase is initially for the next two years. Please feel free to make contact with the ALRM Civil Section if you need assistance. Overall ALRM is continuing to deliver its services, and continues to have pressures with meeting the demand of cases within the criminal justice system. We are receiving positive feedback with regards to our services and we have increased in numbers in our representation. It means that our community members are seeking to be represented by ALRM. I again, extend my open hand, to invite community members to provide me with any feedback - good and bad, about how you think we are travelling. We take your feedback seriously. It helps me to keep in touch and keeps me on task to ensure we provide the best possible services to you our community members. I will be commencing my annual community consultation process from November through to March and will be visiting communities to once again receive feedback about how ALRM is delivering its services within your community and suggestions as to how we can improve. If you want me to come along and meet with your organisation or community group, please contact Lesley Thomas my Executive Assistant on Ph: 08 81133777 or via email LesleyT@alrm.org.au I take this opportunity to thank the outgoing ALRM Board members for their commitment, support and guidance and wish them all the best in their future endeavours. I especially wish to acknowledge our wonderful team at ALRM and thank them for their continued commitment to our organisation and who work tirelessly to improve justice outcomes for Aboriginal community members across South Australia. I pay special tribute to, and honour the contributions made to ALRM by the late Elliot Johnston QC and the late Ruby Hammond. Thanks Team! Cheryl Axleby CEO
Our 40 year journey
ALRM BOARD Aboriginal Legal Rights Movement Inc is an aboriginal community controlled organisation. It is governed by 10 Board members who are representative of areas across the State. Board members are appointed by a Board Appointment Committee for a period of three years.
Frank H Lampard OAM
Rosney Snell
John Browne
Les Taylor
Sandra Miller
Andrea Nicholas
Lorraine Hirschausen
Lesley Wanganeen
Mabel Lochowiak
Michael Coughlan
The Board meets bi-monthly.
ALRM Board at 30 June 2013: Chairperson Frank H Lampard OAM Vice Chairperson Rosney Snell Secretary/Treasurer John Browne Executive Member Les Taylor Members Sandra Miller Andrea Nicholls Lorraine Hirschausen Lesley Wanganeen Mabel Lochowiak Michael Coughlan
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ALRM STAFF LIST As at 30 June 2013
Criminal Section
Field Operations
Cheryl Axleby Chief Executive Officer
Bernard Beston Criminal Practice Manager
Lesley Thomas Executive Assistant
Mark Bastick Senior Solicitor
Michael Wanganeen Operations and Client Services Manager
Camille Dobson Community Legal Education Officer
John Dodd Senior Solicitor
Corporate Section Dianne Andary Business Administration Manager Julie Batt HR and Finance Officer Zarina Yusop ICT and Finance Officer Kerry Wilson Business Support Officer
Legal Services Christopher Charles Director of Legal Services
Civil and Human Rights Dimitra Droulias Child Protection Manager George Lesses Acting Civil Manager Gail Dodd Senior Solicitor Mary Manickam Solicitor Simon Perrie Family Law Solicitor Josephine Jones Legal Secretary Anne Jackson Legal Secretary
Garen Truscott Solicitor Philip Edwards Solicitor Evanthia Makris Solicitor Rosie Denny Solicitor Adrienne Hayter Solicitor Megan McDowell Solicitor Matthew Milburn Solicitor Phillip Saunders Solicitor James Aujard Solicitor Eduardo Laginha Solicitor Marelin Matthews Legal Secretary
Sharmaine Wilson Field Officer Robert Gillespie Field Officer Kel Rankine Field Officer Lyndon Reid Field Officer Gavin Haseldine Field Officer Patricia Hever Field Officer
Financial Counselling Port Augusta Timothy Hampton Financial Counsellor and Consumer Advocate Eunice Bartlett Trainee Financial Counsellor
Low Income Support Program (LISP) Gail Gorton Coordinator LISP Timothy Spurdens Financial Counsellor Rosemary Chamberlain Financial Counsellor
Dean Martin Field Officer
Aboriginal Visitor’s Scheme
Cherilyn Waye Field Officer
Salome Hapuku Coordinator AVS
Joanne Dingaman Field Officer
Julie Bartel
Evelyn Dohnt Field Officer Robin Knight Cleaner Sharyn Warren Cleaner
Elizabeth Biddell Debra Carlyon Damien Dal-Santo Frank Klavora Daniel Matthews Antony McCulloch Voreen Shannon Dorothy Sleightholme AVS Visitors
Theresia Gavan Legal Secretary Kahlia Power Smith Legal Secretary Jenny Price Legal Secretary Lynn Ledger Legal Secretary Brooke Vanzati Legal Secretary
Our 40 year journey
ORGANISATIONAL STRUCTURE Figure 1: Organisational Chart at 30 June 2013
Director Legal Services
Manager Civil Section
Manager Child Protection Section
Manager Criminal Law Section
Senior Solicitor
Solicitors Duty Solicitor
Adelaide Solicitors Senior Solicitor
Port Augusta Solicitors Senior Solicitor
Secretaries
Secretaries
Secretary
Financial Counsellor (Port Augusta) Northern Region Funded by Commonwealth Bank
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Ceduna Solicitor
Secretary
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Legend
ALRM BOARD
Executive Management Managemant Law and Justice Funded Program
Chief Executive Officer Cheryl Axleby
Non Law and Justice Funded Program Not Funded Executive Project Officer
Executive Assistant
Field Officer and AVS Manager
Field Officers Adelaide and Murray Bridge
Field Officers Port Augusta
Field Officer Remote
Business Administration Manager
ICT and Finance Officer
HR and Finance Officer
Community Engagement and Advocacy Manager
Low Income Support Officer (LISP) Funded by Dept. of Families and Community
Community Legal Education Project Officer
LISP Admin. Support/ Volunteers
Field Officer Adelaide Civil
Aboriginal Visitor Officer Funded by Dept. of Premier and Cabinet and various visitors
Our 40 year journey
DIRECTOR OF LEGAL SERVICES REPORT I am proud to say this is my first Annual Report as the Director of Legal Services. 2013 has been a year of consolidation for ALRM legal practices and with the conclusion of most of the litigation by ex-employees it has become possible to focus much more on service delivery and improving that service delivery through implementation of the Shearer Report. Implementation of Shearer Recommendations A number of matters are discussed under this heading. Their cumulative effect is to improve the standards of legal work by ALRM and to make that improvement measurable. At the same time lawyers are more accountable and their efforts are appraised and acknowledged. ALRM has begun to receive favourable comments from diverse sources and this feedback is welcomed as part of the achievement of the three year strategic plan and the annual service plans.
Constitutional Amendments Attempts were made in April and May 2013 to hold Special General Meetings of ALRM to adopt constitutional amendments for the purposes of implementing Shearer Report. Unfortunately on neither occasion did those meetings achieve a quorum. Accordingly, it was decided by the Board that the matter of constitutional amendments, in implementation of the Shearer Report should be dealt with again later. An arrangement has been made with Allens Linklater Lawyers of Melbourne to act for ALRM pro bono and for the purposes of extensive constitutional amendments, for the purposes of implementing Shearer. At the time of writing, a correspondence is being prepared for the Chairperson of the Board setting out formal advice in relation to incorporation, and also formal advice in relation to purposed amendments to the constitution.
Implementation of Policy and Procedures At the request of the Chief Executive Officer, I spent much of the months of March and April writing and adapting policies for ALRM on a host of matters, relevant to service delivery. These policies ranged in subject matter from information to clients, complaints procedures, service delivery by Solicitors, operating manual for Aboriginal Field Officers, and numerous other issues. Many of those policies have now been uploaded on the Attorney-General’s Department portal and are able to be seen on that site. They have also been introduced into the Criminal and Civil Sections for practical implementation. Similarly, detailed procedures in relation to statement taking and the attendance at police interviews have been introduced to the Field Section. In addition, specific procedures are being adopted within the Criminal section to implement Shearer in relation to the actual conduct of criminal files. This includes revamping of the ALRM file cover, the introduction of checklists in relation to the conduct of files, and specific forms for instruction upon guilty pleas and in relation to committals. This process of implementation of Shearer review is ongoing.
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Continuing Professional Development
Law Reform and Advocacy
At the time of writing, a policy document prepared by an Adelaide Barrister, Mr Collett and the Director of Legal Services has been adopted and the first meeting of the ALRM Continuing Professional Development committee takes place on 23 September 2013. A wide range of programs is envisaged, to cover both the Criminal and Civil sections of ALRM.
Consistent with my revised job description I am still performing the role of ALRM Law Reform and Advocacy officer.
In addition the writer has provided a full day Continuing Professional Development to the Port Augusta staff on 13 August. CPD for all staff of ALRM occurred in April at Tauondi. That dealt with issues of Aboriginal Cultural Awareness. ALRM now takes advantage of Magistrates conference days to implement CPD sessions for the Criminal section. An all-day conference is now scheduled for 4 November. A program has been developed for that day which covers criminal as well as civil law and with an emphasis of practical legal ethics and policy development within the legal sections of ALRM. It is intended that all ALRM lawyers will be able to achieve all required CPD points internally. Field Officers are encouraged to attend all CPD sessions.
Appraisals of Staff In accordance with the Shearer recommendations, the managers of the Civil and Criminal sections conduct regular appraisals of the performance of their staff, including reviewing of files and by discussion of files with their solicitors, as well as a formal appraisal process. This is on going and is being implemented through the Director of Legal Services and the Practice Managers.
In 2013 submissions have been prepared in relation to the following Bills as well as Government Policy initiatives: • Penalty Enforcement Bill. • Statute amendment Director’s Liability Bill. • Statue Amendment Appeals Bill. • Burial and Cremations Bill. • Bail and Arrest Procedures Bill. • Various submissions on the Aboriginal Lands Trust Amendment Bill. • Dangerous Driving Amendment Bill. • A submission to the Parliamentary committee on alcohol abuse in relation to need amendments the Liquor Licencing Act. • A submission in relation to the Young Offenders Act Amendment Bill. • A submission in relation to the Consultation Paper on Aboriginal Regional Authorities. • Criminal law Consolidation (protection for working animals) Amendment Bill. • Bill to amend the Evidence Act in relation to discreditable conduct. • A detailed submission is being prepared in conjunction with NATISLS, but at a state level for the Productivity Commission Inquiry into Civil Justice.
Complaints Policy As part of the duties of Director of Legal Services, the Director is obliged to carry out investigations of complaints and to make reports to the Chief Executive Officer regarding complaint. At the time of writing three reviews have been sought in relation to decision of ALRM over funding and three complaints have been dealt with. In each case specific recommendations have been made to the Chief Executive Officer as a result of dealing with a complaint, and for the purpose of improving ALRM procedures and practices.
Our 40 year journey
In addition, in late 2012 ALRM has made submissions in relation to the Spent Convictions Amendment Bill of 2012, ALRM has completed work in relation to the Optional Protocol on the Convention Against Torture and detailed extensive submissions in relation to the Criminal Sentencing Guilty Pleas Amendment Bill. This was the Bill that dealt in detail with the question of specific percentage discounts for early guilty pleas. ALRM also provided a detailed submission in relation to the Identification Evidence Amendment Bill. On that we express our gratitude for the assistance of Mr A.L.C. Ligertwood a former ALRM Council member and leading academic. ALRM also supplied submissions in relations to the Bill in relations to suppression orders for sex offences. Consistent with its policy of not being involved in party politics, ALRM ensures that all submissions in relation to Bills before parliament are provided on the same basis to the Attorney General and to the Shadow Attorney General. ALRM is also involved in consultation with Government about proposals for a changing law about Youth Justice Administration and relation to the administration of Youth Detention Centres.
Civil and Criminal Sections It is gratifying to see that the ALRM has been able in the last 12 months to expand services by employing more legal staff and taking on the assistance of volunteer lawyers and PLT students. We welcome Mr Steven Quinn, the new Practice Manager of the Civil Section and the new civil lawyers Simon Perrie, Marta Vezzosi and Lauren Hewitt. The Civil Section also relies upon volunteer Gabrielle Piesewicz and is receiving the assistance of PLT Student Placement: Emily Sutherland. The Criminal Section welcomes new solicitors Phillip Saunders, James Ajar, Kathryn Mc Donald, Anne Sibree and Bronwyn Gibson. We also welcome volunteers Mark Williams and Dr Rey Casse. Service plans have been adopted by the Civil and Criminal Sections and it is noteworthy that the Civil Section service plan includes widening the kinds of civil work undertaken to include more administrative law work for prisoners and related topics. The Criminal Section remains focussed on quality representation and putting a greater focus on cultural matters through such things as section 9C conferences and related issues. The availability of interpreters remains a common cause of concern for the Criminal Section and we note with anxiety the continually increasing rate of over representation of Aboriginal people in the justice system.
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Of particular concern is the dramatic rate of overrepresentation of Anangu prisoners in Port Augusta prison and the lack of interpreters for them, both in the prison itself and in the use of video links to courts from prisons, when an interpreter is not physically present with them. Consistent with previous practice, the Director of Legal Services offers assistance to the Criminal and Civil Sections when required. To that end he has conducted two inquests in the last report period. One matter related to an issue of medical negligence and the second related to care of a child who had been placed in the Guardianship of the Minister. At the time of writing, findings have been handed down in relation to the first matter but not the second. In relation to the first matter the family has also been referred to the Civil Section for further advice and representation. In the Criminal Section the Director of Legal Services continues to accept briefs often at short notice to assist ALRM solicitors in the District Court, frequently in relation to pleas and mental impairment matters. In addition, the Director of Legal Services acts for two remote Communities in relation to Liquor Licencing matters relevant to restrictions on take away sales. It is proposed that ALRM assist all dry communities in SA to hold a dry community summit either late 2013 or early 2014, with the view to seeking rational and sensible laws about limiting take away sales that will affect dry communities in the state.
Community Profile Affidavits In about 1988 a former ALRM solicitor prepared an affidavit regarding the circumstances of disadvantage that applied to Aboriginal residents of a remote Aboriginal community. It has been recommended that this Affidavit be updated for the present and that further community affidavits be provided to cover as much of the state as is covered by the ALRM Criminal Section. At the time of writing Dr Rey Casse is working as a volunteer at ALRM to prepare affidavits so as to have them tendered at the criminal sittings magistrates courts. He has received great assistance from the Australian Bureau of Statistics through Mr Ivan Copley. This is an on-going project and has been discussed with the Courts Administration Authority. It is an innovation introduced by ALRM which has the potential to create considerable benefits for the operation of the Criminal Section by providing detailed information for courts which deals with Aboriginal disadvantage in regional, remote and rural areas.
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Government Committees
Interpreter Services
The Director of Legal Services has also been requested to assist the CEO by attending on a number of Government committees including the Audio Visual Links Committee through the Office of the Chief Magistrate and also in relation to Diversion Courts.
The Director of Legal Services continues to attend at the Legal Services Commission of SA in relation to proposals to generate the appropriate interpreter services for use in court.
Aboriginal Issues Committee, Law Society of SA The Law Society of SA has taken significant action to its position with respect to the Aboriginal community. A reconciliation action plan is being adopted by the Law Society of SA and the Chief Executive Officer and Chairperson of the ALRM Board are members now of the Aboriginal Issues committee Law Society of SA. That work is ongoing.
South Australian Legal Assistance Forum The Director of Legal Services continues to attend all meetings of the Legal Assistance forum at the Legal Services Commission and is in regular contact with the policy lawyers of the Commission and of the community legal centres in relation matters of concern and interest. This includes issues of law reform and policy as well as issues relevant to the National Partnerships Agreement review.
Legal Profession Bill
NATSILS National Meetings and Attorney General’s Department Performance Meetings
Members will note that in my 2012 report as general counsel I made a detailed note in relation to the Legal Profession Bill. Once again we are frustrated by the inability of the parliament to pass this legislation. At the time of writing the Legal Practitioner’s Act Amendment Bill 2013 is still in the Parliament and has not been resolved between the upper and lower houses.
The Director of Legal Services continues to attend all meeting of the Law and Justice Advocacy forum of NATSILS and the PLO and CEO and Chairperson forums as they are held from time to time. In addition he assists the CEO at AGD performance meetings. These matters are dealt with in more detail in the report of the CEO.
Prisons Work
Conclusion
The Director of Legal Services attempts to attend as many as possible of the prevention of Aboriginal Deaths in Custody (PADIC) forums held throughout the year at SA prisons. In this year I have been able to attend the meetings at Yatala, Adelaide Women’s Prison and Cadell Prison. This is not as many as I would like however constraints make it less possible than it used to be to attend all of these meetings. Never-theless ALRM is regularly represented either by the manager of Field Operations or by other staff members. A focus is being maintained on assisting prisoners and it is expected that this will be maintained through the Civil Section.
In summary, 2012/2013 has been exceedingly busy year for ALRM but it is note worthy that significant progress has been made in implementing the Shearer Report and in re-directing the work of ALRM towards service delivery for the benefit and advantage of Aboriginal people in South Australia. ALRM has been able to take on new staff positions in preparation for work on the Royal Commission into Institutional Child Abuse and in Family Law.
ALRM Internal Committees
C J Charles Director of Legal Services
The Director of Legal Services is a member of the ALRM Briefing Committee, Finance and Governance Committee and Senior Management Team. He regularly attends and contributes to all meetings as well as providing advice and assistance to the CEO and Board Chairperson on legal and policy questions affecting ALRM.
Finally the Director of Legal Services notes with sadness the passing of the former Chief Executive Officer Mr Gillespie.
Our 40 year journey
CIVIL SECTION
ALRM Civil Section continues to provide high quality and culturally appropriate legal advice and representation for our clients on a broad range of civil law matters. We aim to advocate and advance the civil law rights of Aboriginal and Torres Strait Islander peoples in accordance with ALRM’s Policy and Guidelines under the Commonwealth Attorney General’s Department Service Delivery Directions. Our clients can seek initial advice and assistance for most Civil Law matters, including: • Stolen Generations Claims. • Family Law.
The ALRM Civil Section is aware of a significant lack of services in our remote communities, and we continue to strive to address this important issue through close work with our Community Legal Education section, and through supporting our regional offices in the provision of quality Civil Law assistance. ALRM is aware that a significant number of Motor Accident Injury matters throughout the APY Lands go without representation, and we seek to address this lacking to ensure those injured in motor vehicle injuries have access to assistance and representation in making their claims for compensation, as well as the medical benefits including proper specialist assessment and treatment, which is often otherwise unavailable to remote Aboriginal communities, provided for under the SA Compulsory Third Party insurance scheme.
• Child Protection (see Child Protection Section Report).
The Team
• Motor Accident Injury.
During 2012 and 2013 George Lesses acted in the role of Civil Practice Manager whilst continuing his own casework on Stolen Generation and general Personal Injury and other matters. The team thanks George for his guidance and management during this period, and his continuing hard work as civil solicitor with the section.
• Personal Injury. • Discrimination. • Workers’ Compensation. • Employment Law. • Complaints Against Police. • Housing. ALRM’s primary objective is to assist Aboriginal persons to relieve their poverty, the consequences of their dispossession and social misfortune and to assist in alleviating destitution and helplessness through the Australian Legal System. The ALRM Civil Section is determined to assist in achieving this objective by prioritising legal assistance to Aboriginal people who are not able to access the legal system through any other mainstream legal provider. Culturally relevant legal services are essential, and this expertise sets the ALRM Civil Section apart from other legal service providers.
Steve Quinn commenced as Civil Practice Manager in September 2013 following many years in the Northern Territory working with remote communities, the Central Land Council and the Central Australian Aboriginal Legal Aid Service where he managed the Civil Law section. Dimitra Droulias continues in the role of Child Protection Manager and brings her extensive experience in this specialist field along with her work in family law and general civil matters. (See Child Protection Section Report below) Mary Manikam provides assistance to our civil clients in the areas of family law and general civil matters. Marta Vezzosi has joined the team as Duty Solicitor handling the very busy task of new enquiries and providing initial advice to new clients. She also assists in Stolen Generation matters along with other civil matters.
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Simon Perrie has also joined the Civil team, following his time as Criminal Solicitor in the Port Augusta office, taking on the role of Family and Civil Law Solicitor, and is building a casework portfolio in these areas. Simon also assists with duty solicitor enquiries. Lauren Hewitt has also joined the team as Child Protection Solicitor, and will also assist in Family Law matters. Charmaine Wilson, Civil Field Officer is currently acting Manager Field Section, and Kahlia Power has taken on the field role in Civil. Anne Jackson and Josephine Jones continue in their roles providing excellence in secretarial and administration support to the team. Gail Dodd continues to provide a dedicated service to civil clients in the Port Augusta region as it is recognised that regular engagement with more remote clients and communities through the APY Lands is vital to providing access to legal assistance to clients who otherwise face considerable impediments in realising their civil law rights. ALRM also sees that it is important to raise our profile in these areas as well as engaging with other service providers.
Pro Bono Assistance ALRM Civil Section would like to acknowledge, with gratitude, the assistance that we have received from John Doherty and Andrew Collett. Both Mr Doherty and Mr Collett have volunteered their time and expertise to Solicitors from the Civil Section, to assist us in the ever increasing demand of new and complicated matters.
Stolen Generations Potential Claimants The Section, particularly George Lesses with legal research assistance from Marta Vezzosi, has continued to receive Stolen Generation Compensation enquiries over this financial year. Some of these enquiries are from individuals who had registered an interest with ALRM over a decade ago, however there are many individuals who are contacting ALRM for the first occasion in respect of matters associated with Stolen Generations. Given the renewed interest in this area, ALRM Civil Section has been meeting regularly with barrister Andrew Collett, in respect of developing a strategy to maximise the potential for future claims in this area and to integrate better strategies for service delivery to Stolen Children generally.
ALRM recognises the value of these services and continues to work with each of the services through their work with Stolen Children, to develop strategies for future work in this area. The Civil Section has done significant work on individual claims through casework and continues in assessing claimant files. It is anticipated the Civil Section will have a clear focus and recommendations for future work in this area.
Royal Commission into Institutional Responses to Child Sex Abuse ALRM has been funded to fill the role of Liaison Officer, Royal Commission into Institutional Responses to Child Sex Abuse. Martin Pascoe has taken on this responsibility and has been engaging with other stakeholder organisations in order to facilitate access by Aboriginal and Torres Strait Islander people who wish to tell their story to the Royal Commission, or who seek further information about the process. Martin will be engaged in developing information sessions, community meetings and media materials to ensure the community is aware of the Royal Commission, its aims and how to tell their stories should they wish to. ALRM and the Civil Section welcomes Martin on board to facilitate community awareness and engagement in this important inquiry.
Community Legal Education The Civil Section recognises the importance of Community Legal Education and the role it plays in empowering people to seek legal redress for civil wrongs and maintain their legal rights. We look forward to a continuing relationship with the CLE officer, this role recently taken on by Ms Jodie McRae.
Legal Services Outpost Solicitor This outpost position was discontinued in September 2013 due to client and other service provider confusion over roles within ALRM. It was deemed inappropriate that a Legal Services Commission solicitor was situated within the ALRM Civil Section, and the problems which may arise in cases of client conflict. Steve Quinn Civil Practice Manager
Mr Collett has been volunteering his time to assist the Civil Section with the provision of preliminary advice on active files. ALRM acknowledges that there are many services that currently provide assistance to Stolen Children, whether it be through the provision of legal advice, assistance with reuniting family or counselling in and around issues arising out of forced removals.
Our 40 year journey
Child Protection Section The Child Protection Section has had another busy year. The Section continues to deliver services throughout the State of South Australia ranging from legal representation in court to Ministerial Reviews. The Section has had some successes in opposing long term guardianship applications made by the Department. It is unfortunate the cultural needs of Aboriginal children continue not to be adequately addressed. This is reflected by the lack of implementation of cultural maintenance plans concerning the children’s connection with family and their community. Parenting assessments conducted by the Department continue to be based on non-Aboriginal values while Aboriginal family relationships and child rearing practices are generally ignored. The involvement of ALRM Inc in such matters has made a significant difference and contribution to families and their children and the Aboriginal community. ALRM Inc is also furthering the interests of Aboriginal people by sitting on committees such as the Pathways Committee of the Family Court which seeks to improve accessibility to the courts and through participation on the board of Northern Aboriginal Family Violence Service (Nunga Mi:Minar) and the Women’s Legal Service. In relation to staffing the Section has been fortunate to obtain additional government funding to employ solicitors to provide a better service to our clients. The new child protection lawyers are Simon Perrie and Lauren Hewitt. The new lawyers also undertake family law matters. The office manager of our regional office in Port Augusta, Gail Dodd has undertaken several field trips to communities ensuring that clients in remote areas are represented. All staff are commended for their dedication and hard work. Dimitra Droulias Child Protection Manager
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CRIMINAL SECTION
Advice and representation is provided by the Aboriginal Legal Rights Movement Inc Criminal Section for all offences under both state and federal legislation, regardless of whether such offences carry a gaol penalty or not. The Aboriginal Legal Rights Movement Inc Criminal Section provides:
Representation The Criminal Section provides professional representation in Magistrates Courts, District Court and Supreme Court for advice, submissions, pleas of guilty and trials, plus Supreme Court Appeals from Magistrates and Youth Court Orders. All major indictable offences are dealt with by our section, including all charges emanating from Adelaide metropolitan courts and the courts at Berri, Port Lincoln, Murray, Bridge and Port Augusta and the APY Lands.
• Youth Court Duty Solicitor services.
Clients are only referred to the Legal Services Commission of South Australia or private professional practitioners where there is a professional ethical conflict of interest.
• Legal Representation for both appearances and trials in South Australian Magistrates, District and Supreme Courts, Drug Court, Nunga Courts (where applicable), Adelaide, suburban and Regional Youth Courts and the Diversion Courts.
Committal proceedings for major indictable offences has now been centralised at the Adelaide Magistrates Court. This places a further unnecessary imposition on our clients and an additional burden on ALRM resources.
• Due to budgetary constraints we are unable to appear in Christies Beach, Mount Gambier, Naracoorte or Victor Harbor Magistrates Courts.
Staffing Adelaide Office
• Magistrates Court Duty Solicitor services.
When other duties permit we also represent our clients in breaches of community service orders and traffic offences. We also represent clients in Intervention Orders and charges of a breach of such orders.
Professional Staff Criminal Practice Manager: Bernie Beston Senior Counsel: Mark Bastick, Superior Courts
The section also provides telephone assistance to the regional and remote communities where our limited resources preclude us from establishing a physical shop front presence. The Criminal Section services: • Ceduna and Port Lincoln Magistrates; and Youth Courts from our Ceduna office. • Maitland, Kadina, Berri, Murray Bridge, Mount Barker and Waikerie Magistrates Courts from our Adelaide office. • Port Augusta, Whyalla, Port Pirie, Coober Pedy, Roxby Downs, Peterborough, APY Lands and Leigh Creek Magistrates Courts from our Port Augusta office.
Our 40 year journey
Solicitors: Megan McDowall, Adelaide Magistrates Court, Berri Court Circuit Rosie Denny, Adelaide Magistrates Court Garen Truscott, Holden Hill Magistrates Court, Kadina/Maitland Circuit Evanthia Makris, Elizabeth Magistrates Court Phillip Edwards, Adelaide Youth Court Matthew Milburn, Port Adelaide Magistrates Court Adrienne Hayter, Murray Bridge and Mount Barker Magistrates Court Phil Saunders, relief support for all Magistrates Courts
Specialist Courts
Support Staff
The Family Violence Court hearings are held at Adelaide and Elizabeth.
Secretaries: Kahlia Power Jenny Price Josie Jones Anne Jackson
Port Augusta Office Senior Solicitor in charge (Acting): Gail Dodd, Port Augusta Magistrates Court Solicitor: Bernadette Rollinson, Whyalla/Port Augusta Magistrates Court, Coober Pedy Magistrates Court Brian Ngugi, Port Augusta, Port Pirie Magistrates Court, APY Lands Circuit
Ceduna Office Solicitors: Max Frew, Ceduna, Port Lincoln Magistrates and Youth Court (until November 2012) Ed Laginha, Ceduna, Port Lincoln Magistrates and Youth Court (From December 2012)
Nunga Courts The Nunga Court at Port Adelaide has been operating now for 12 years. This court sits two days each month. Nunga Court only applies to offenders who have a connection to the Port Adelaide region. Conferencing takes place at Port Lincoln every second month.
Drug Court The Drug Court hearings are held in Adelaide only. We continue to participate in the Drug Court Aboriginal Reference Group, now in its sixth year, in an endeavour to increase the participation of Aboriginal offenders in the Drug Court. Mental Impairment Diversion Court The Mental Impairment Diversion Court hearings are held at all Metropolitan Magistrates courts, Port Augusta and Berri. Family Violence Court
Prison Visits The section’s solicitors continue to visit clients based at Adelaide Remand Centre, Yatala Labour Prison, Adelaide Women’s Prison, Mobilong Prison, Port Augusta Prison, James Nash House and juveniles in custody at Cavan Training Centre. Client visits are made on a weekly basis.
Briefing Committee The Criminal Practice Manager is a member of the ALRM Briefing Committee, which Committee determines which matters, if any, are briefed to external barristers for higher court appearances. There is regrettably only a small budget for this purpose and only those cases with very exceptional merit or those where ALRM have an ethical conflict can access these limited funds. However, this facility is essential to ensure that our clients are represented in matters where neither ALRM nor the Legal Services Commission are able to assist clients by reason of a cultural or ethical conflict of interest, lack of resources or the requirement for the services of a Barrister of exceptional and acknowledged legal skills in exceptional cases.
Curent and Future Issues Bail All Courts are becoming increasingly stringent in granting bail to clients, especially where they have an extensive breach history. It is imperative therefore that clients adhere strictly to their bail conditions. The granting of bail has is no longer a right [notwithstanding the provisions of the Bail Act], but has become very discretionary. Even where bail is granted, it is now more common for a client to remain in custody for five or more days after his/her original arrest, pending a favourable bail enquiry Bernie Beston Criminal Practice Manager
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COMMUNITY LEGAL EDUCATION Community Legal Education plays an important role and is integral to creating awareness to our communities and individuals across the State. ALRM has undertaken to redevelop this program during the restructure of the organisation over the last 12 months.
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We have a newly appointed Community Legal Education Project Officer, Jodie McRae (pictured) and we welcome her to the ALRM team. Jodie will commence to update the ALRM Community Legal Education Plan and in the near future, will be visiting communities, to gain feedback on communities needs for Community Legal Education.
Print Material and Brochures ALRM has updated a number of its brochures this year to give them a refreshing look and to ensure they were more culturally reflective. We will be further developing new and updated brochures and information sheets over the coming year. A particular new focus will be on Child Protection & Family Law and information relating to the Royal Commission into Institutional Responses to Child Sexual Abuse.
CLE Plan The Plan will be updated and revised this year and we will be developing a CLE Calendar for 2014.
Our 40 year journey
Participation at Community Events, Forums, Working Groups
• ALRM hosted the Aboriginal Law Students Reception for 2012.
ALRM participated and/or presented at the following forums:
• Presented at the Aboriginal Northern Solutions Group.
• Courts Open Day. • Youth Week. • Sorry Day events. • Reconciliation events. • NAIDOC events. • Lowitja Oration. • Gladys Elphick Awards. • Tauondi Open Day. • Worked collaboratively with Youth Justice to inform community about the proposed Youth Justice Administration Bill. • Attended the Youth Justice Administration Bill Round Table and organised community membership to attend. • ALRM is a representative on SA Justice Re-investment Working Group.
• Participation at the Letters Patent meetings. • Presented at the Aboriginal staff forum of Courts Administration. • Presented at the Aboriginal staff forum of Correctional Services. • Participant advisory group for ARC Indigenous knowledge’s Law Society & State. • Participant in SACOSS events. • Developed partnership with Uni SA for students to upgrade ALRM website. • 4 x student placements. • 4 x law student placements and volunteers. • Established new Field Officer in Coober Pedy • Meetings with FAHCSIA. • Attended Alcohol Forum in Coober Pedy. • Combined Services Provision and Protection meetings.
• Reconciliation SA Membership.
• Met with the Attorney General/Deputy Premier.
• South Australian Legal Services Forum participant.
• Contributed to the Point Pearce Community Cemetery project.
• Provided cultural training to SAPOL.
• Liaise and attend forums for women through the Office for Women with a focus on Family Violence initiatives.
• Homelessness forums participant. • Presented at the Annual Governors Leadership Community Forum. • National Congress teleconferencing. • Re-established the Aboriginal Community Controlled Network. • Attended the Courts Administration Aboriginal Law Conference. • Regularly attend the Prisoners Aboriginal Deaths In Custody Forums held within prisons across the State. • Attended the Consumer Law legislative Forum. • Member of the newly formed SA Aboriginal Coalition for Social Justice. • Attended Guardian other Person session with Department of Families and Communities. • Held ALRM 40th Anniversary function. • Federal Magistrates Court Access to Justice Committee forum. • Member of the Aboriginal Issues Committee with the Law Society of SA.
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• Presented at the Victims SA community partnership day • 8 x students (voluntary, school placements, law students). • ALRM actively participates in a variety of Law Reform and Advocacy forums at State and National levels. • ALRM is represented at the National Aboriginal Torres Strait Islander Services forum and meet every 4 months. All ATSILS meet nationally to discuss National issues, undertake law and advocacy, and share information as to what is occurring within our own states. • Aboriginal Peoples Organisation member. • Community Consultations and feedback forums. Although all that we have attended this last year is not entirely listed above, we wanted to demonstrate that ALRM participates in a wide range of forums/committees with a view to advancing the rights of Aboriginal and Torres Strait Islander in SA and at the national level. In closing, we especially acknowledge Sapna Dogra within this special 40th Anniversary edition. Sapna departed ALRM late last year to move on to greener pastures. We thank Sapna for her great commitment to ALRM and on behalf of the Board and team at ALRM; we wish Sapna and her family all the best for the future.
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LOW INCOME SUPPORT PROGRAM (LISP) During the 2012–2013 financial year, Low Income Support Program has provided a financial counselling service that has saved our clients thousands of dollars, secured peoples’ tenancies and set up support teams within service provider organisations to provide additional assistance for the most vulnerable and disadvantaged Aboriginal people in our community. LISP is state funded through a sub-program of the Family and Community Development Program and is important to supporting, promoting and educating to advance the welfare of children, youth or any section of the Aboriginal community. We have achieved in the past year an increase in our service delivery. We will also continue to approach outreach agencies for support and work collaboratively together in the future. LISP consistently supports and provides information to clients with a holistic approach and assists clients with a clear focus on advocacy and education. We provide household budget skills and debt management and we need to continually advocate strongly and negotiate to reduce debts and costs to government courts/legal services. We also network with various agencies to support those who are vulnerable and disadvantaged in the community.
There were 172 new cases were opened in the 2012–2013 financial year with 286 subsequent interviews conducted including the casework undertaken by the Coordinator. It is important to point out that significant client contact is by phone interviews, mainly by family and friends and we can also provide a small number of home visits when required in emergency situations as people seek help early with increased complexity and multiple problems. Organisations with which we continually liaise with and where advocacy is undertaken are: Centrelink, Welfare Rights, Community Consultative Committees, Inner City Assistance Network, Western Region Anti-Poverty Network, APOSS, Volunteering SA, SACOSS, SAFCA, AFCCRA, ASIUC, FAMSA, Housing SA (which incorporates Aboriginal Housing), Residential Tenancy Tribunal, APRA (Superannuation), Insolvency & Trustee Services of Australia (Bankruptcy administration), Australian Taxation Office, Women’s Legal Service, Country Women’s Association, Shelter SA, Aboriginal Home Care, Domiciliary Care SA, Aboriginal Family Services, Nunkunwarrin Yunti, Westcare, Magdalene Centre, Louisa Da Costa Trust & Wyatt & Adelaide Benevolent Society, Minor Civil Action Courts and the Fines Payments Unit, Public Trustee, and the Small Business Emergency Service.
Our 40 year journey
Volunteers This year we have greatly appreciated the support from TAFE who have provided the LISP Service when available financial counselling students from the Diploma course. During the past year we have supported four financial counsellors of which one is a placement student who we had the opportunity to assist to obtain qualifications during the year. At this present time she has decided to remain as a volunteer and assisting this service to make significant changes in the lives of our clients. The number of volunteers (financial counsellors and admin, provided by an employment agency) throughout the year with an average of four working with LISP during the reporting period. The volunteers worked a total of 1322 hours this year, which equates to 25 hours per week. (This does not always include all the hours which some of the professional volunteers put in at their computers outside of work hours) without any remuneration for travel and time. The volunteers have also helped by occasionally attending forums with SA Homelessness, Anti-Poverty programs to gain personal knowledge and resources for LISP service. We greatly appreciate and owe a great debt of gratitude to our skilled dedicated volunteers who are compassionate, loyal and faithful. They give their valuable time and energy to our Service and without their support we would not be able to operate this program effectively.
Staff Training and Development LISP Coordinator, Gail Gorton attended the National AFCCRA conference, Aboriginal & Torres Strait Islander Forum, in Sydney included workshops/presentation which discussed a myriad of issues from discussions on National Bulk Debt Negotiations, new hardship policy from Telecommunication Industry, banking institutions, further review on the new consumer law reforms from ASIC (National Consumer Credit Protection Act 2009) which started on 1 March 2013. LISP also provided opportunities for our staff to attend two SAFCA Professional Training & Development days during the year, which they provided current up to date information on Mental Health, ITSA Bankruptcy increased knowledge of the Ombudsman’s office, updated information on new legislation which will support and address relevant issues for clients.
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New Outreach Sites • Centrelink, Port Adelaide – Currently continuing the high demanding work with SAFCA as a court support representative where I am able to reach and support those attending court on debt matters with great outcomes for clients. • Presently preparing to set up another outreach service and to work in partnership Taoundi College to engage client and students in the Western area needing financial support. • Also preparing to set up another outreach service and to work in partnership with the Southern Homelessness Service to engage clients in the southern area needing financial assistance.
Emerging Issues and Trends The LISP service supports the financial counsellor and support staff in other parts of the state such as Murray Bridge, Port Augusta and Ceduna. During the year both services have been advocating for our clients and helping them understand the implications of the new Centrelink Income Management Scheme. LISP with ALRM Legal section prepared and provided further training and developed resources for agencies in the Playford area in July, 2012 in relation to Income Management and the Basic Card and will promote this information to clients with their support workers in a form of a workshop. One of the major concerns in the Aboriginal community in the issue of housing, lack of support of the current mainstream system with new policies in relation to debt matters and new tenancy contracts and conditions. LISP staff members have attended forums during the year to voice our concerns on the issue of homelessness and the lack of continued affordable housing, which creates a level of anxiety to a majority of the Aboriginal services and the general Aboriginal community. We also address a large number of cases where creditors, who have a lack of Aboriginal cultural awareness. These include unscrupulous contracts through pay day lenders, door to door salesman and mobile phone companies that don’t provide a service in all remote areas. LISP has successfully negotiated to prevent houses and goods being repossessed and large amounts of debt written off in relation to the unjust provisions in the Uniform Consumer Credit Code with awareness and the scrutiny of unconscionable misleading and deceptive practices such as maladministration and invalid inappropriate contracts, e.g. mobile phones contracts, purchase of goods on general credit contracts.
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Through education and campaigning for these current issues we maintain close links with Australian Financial Counselling and Credit Reform Association Inc and will continue being involved with relevant government bodies in relation to consumer protection matters. Another trend in the past year is a further increase in demand is on applications for early release of superannuation under the grounds of compassion and financial hardship. We are seeking support to change legislation of the Superannuation Act as Aboriginal people have reduced life expectancy of which is considerably lower than traditional Australian people.
Community Education LISP works through its funded agencies to assist with the development and coordination of Low Income Support Services at a regional and local level which also extend to remote areas of the state. Measuring the value of this is possible quantitatively through the list of activities provided in this report. A significant new development in the past year is the provision of an ATO Tax Help Centre to assist clients to complete their tax returns between July – October 2012. 19 clients were assisted with most receiving significant refunds and a reduction in stress by completing past returns.
LISP Financial Counsellor has recently visited the Ceduna region to assess the needs in the Yalata Community. The initial visit highlighted systemic issues of mobile phone contracts and large court fines within Aboriginal community. We are involved in addressing these matters with the Aboriginal Justice officers in the local area and plan further three monthly visits. RJCP (Remote Job Community Program) to replace CDEP will start in September and the Community organisations are waiting for post CDEP reorganisation. Also LISP has agreed and is excited to be able to continue providing further training and develop resources to these various agencies during the year and will promote financial numeracy and literacy programs to the wider community in the coming year. Finally the key focus of LISP Service for the coming year is to advocate strongly for Aboriginal Consumer rights within business and government and to look for creative ideas to provide an overall improvement to our service delivery. We will endeavour to increase knowledge of financial literacy, consumer awareness and to identify and address specific issues in the community for Aboriginal people throughout South Australia. Gail Gorton Coordinator
ALRM also has continued to maintain a great partnership with the Women’s Legal Service and Aboriginal Women’s Shelter as an Outreach service in the past year. This outreach service supports clients who have experienced the abuse of domestic violence by offering a much needed financial counselling service which has been overlooked in the past. The results again this year from the new Outreach service have been overwhelming and the knowledge has been greatly valued by the client and the staff. LISP has also presented Financial Literacy Courses during the past year to agencies in Adelaide Metropolitan area. We are evaluating our processes to endeavour to improve our quality of service for the next course that is planned for 2013–2014.
Our 40 year journey
FINANCIAL COUNSELLING
The Financial Counselling Service provides information and support to clients in Port Augusta, Davenport Community, Port Pirie, Hawker, Nepabunna, Whyalla and surrounding country areas including the Anangu Pitjantjatjara Yankunytjatjara Lands.It also provides relevant stakeholders with information and awareness regarding systemic issues, credit conduct and other financial matters that impact on the Aboriginal community. We especially acknowledge and thank the Commonwealth Bank for their continue support through the provision of funding for this program.
Some of the important factors that the Port Augusta Financial Counsellor is responsible for are: • Providing financial counselling services and basic consumer legal advice to the communities and including assisting people who have trouble with debt and money issues, budgeting and financial literacy. • Developing effective contacts and networks with Aboriginal communities. • Gathering information about specific and systematic financial services issues facing Aboriginal people and where appropriate directing tem to ASIC. For example, debt problems, unconscionable, misleading or deceptive conduct in the sale of financial services. • Assisting ASIC and other Government agencies to develop resources and training materials for community education on specific products/issues identified in communities. • Working with communities to assist them to address specific consumer issues identified in their community. • Providing training to communities and community workers on consumer rights, financial issues, financial literacy and accessing financial and banking services. For example, providing training on how to use an ATM, internet banking and other access methods where relevant; • Engaging with and regularly liaising with Stated/Territory and Commonwealth Government agencies regarding issues facing Aboriginal communities to address specific consumer issues and to influence Aboriginal policy design and development. • Providing basic assistance and advice on corporate governance in communities. • Networking with and depending upon the skills and time of the financial counsellor, providing assistance to the financial counsellors in Australia, particularly those working with Indigenous consumers.
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In addition, the Financial Counsellor has achieved the following: • Increased the service delivery through the client based regions via conducting Tax Help services to Aboriginal people in regional and remote areas. This has proven to be very beneficial, as private tax agents were charging $125 – $250 per tax return to Aboriginal people, specifically on the APY Lands. • A significant increase in financial counselling workload since July 2011 with the demise of Families SA counsellors. This has had a considerable impact on the number of clients wanting financial counselling, due to the limited number of counsellors in the region. • A noticeable increase in referrals from Govt and Non – Govt agencies due to the limited financial counselling services in the region. • An increase in financial counselling education and information sessions run in conjunction with the Legal Services Commission. There are regular sessions targeting not only the Aboriginal community, but school leavers and new employees, particularly in the mining industry. • An increase in financial counselling education and information sessions as a result of regular monthly radio segments on financial counselling. • An increase in financial counselling education and information sessions for community based community members in rural and remote areas. • An increase in financial counselling referrals from the Port Augusta Magistrates court, specifically aimed at streamlining the debtors court which is held on a monthly basis. • An increase in financial counselling referrals from the Port Augusta Magistrates court, specifically aimed at streamlining the court fines system currently run via the Fines Payment Unit, and allows clients to have their financial situations fully assessed, and a reasonable repayment option put in place with my recommendations to the Registrar.
Developments • There has been some information regarding a new rental company in Port Augusta that are starting to target Aboriginal clients. They have apparently been through NSW, the NT and have recently set up shop here. • There has been some concerns regarding money scams targeting Aboriginal clients, particularly those in remote areas. • I have already notified OCBA and ASIC, who are now aware of their actions. • I have been in discussions with the Registrar at the Port Augusta Magistrates’ court, regarding myself as a financial counsellor, to be available one day per month in line with the Debtors Court sittings. The benefits to clients would be that debtors could get assistance with recommendations of a repayment plan before they attend the Debtors court, and this will enable clients to have an affordable repayment amount in mind and also assist in alleviating the backlog and court appearances in the long term. • The AFC (Australian Financial Counsellors) Conference was held in Melbourne mid May and was well attended once more, with plenty of information regarding financial issues being discussed to enable Aboriginal people to be aware of and what the implications may be for low income earners. • A new program regarding the “Do Not Knock” program, designed to deter door to door sales people, and how we as consumers can deal with these people when they call, is now available to all Aboriginal households. • The worker is still working towards financial independence for Aboriginal clients within the Port Augusta and surrounding areas. Tim Hampton Financial Counselling Port Augusta
• The implementation of the “Do Not Knock” campaign that addresses issues relating to door to door sales people, and providing clients with the understanding of their rights. • A member of the ATM Taskforce has signed off and agreed to waive the ATM fees on 76 remote Aboriginal Communities in SA, NSW and the NT. • As a committee member of the Financial Counselling Australia (FCA), I assisted with the preparation of the agenda, content and structure of the 2012 conference held in Melbourne.
Our 40 year journey
40 YEARS
Jim Stanley Previous ALRM Director in the 1980s
Jim Stanley was one of the instigators of ALRM. Along with Gladys Elphick, Bert Clark and Charlie Agius he started talking about setting up an independent legal aid service for Aboriginal people in the 1960s. “A lawyer name Elliott Johnston supported ALRM right from the start, he was the first of many non-Aboriginal lawyers who helped the organization grow. In particular Chris Charles, he’s an inspiration.” “Our goal way back then was to have Aboriginal people getting proper and equal legal representation in the courts and justice system.”
Top: Community members and past ALRM staff and Board members. Middle: Cheryl Axleby, Sandra Saunders and Mick Dodson at ALRM in Adelaide in early 1990s. Bottom: Mural painted in Adelaide Office waiting area by J Stengles.
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Jo Wilmott Past employee of ALRM
I joined ALRM in the early 70s, one of two Aboriginal people employed there. It was the start of significant events, to lay the foundations for the future benefits of our mob. Little did we know how significant those days would be. Many unnamed Aboriginal and Torres Strait Islander peoples were contributors to the future aspirations and I hope that one day in the future that Our Human Rights is not just talked about but are actioned at all levels – to have Recognition, acknowledgement of our Ancestors and their way of life as the foundations stone of the future for this country.
Top: Aunty Charlotte Szekely, at the launch of the current ALRM Adelaide office. Bottom: Plaque of the official opening of the current ALRM Adelaide office in May 1994.
Our 40 year journey
40 YEARS
Sandra Saunders
Neil Gillespie
Previous ALRM Director in the 1990s
Previous ALRM Director 2000 – 2011
Sandra Saunders assumed the directorship of ALRM in about 1987/88 having previously had a successful career assisting Aboriginal people in the public service of South Australia.
Neil was a committed and energetic CEO, never shying away from the issues that were important to Aboriginal people. Sadly Neil passed away on the 13 July 2013.
The first and most notable of her achievements was the setting up of the ALRM Native Title Unit, and the Royal Commission Monitoring Unit. Since Sandra’s directorship coincided with the release of the final report of the Royal Commission into Aboriginal Deaths in Custody, it was important to ensure that the implementation of final report was closely monitored. The Native Title Unit was also commenced in the years ollowing the Mabo decision in 1992 and the first solicitor Mr Tim Woolley was employed to do native title work exclusively in about 1995.
Top: Sandra Saunder’s farewell. Bottom: Cheryl Axleby speaking at Sandra Saunder’s farewell.
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Cheryl Axleby CEO ALRM 2012 – current
“For 40 years ALRM has been South Australia’s leading advocate for Aboriginal rights and equality. It is an organisation built from a need to ensure Aboriginal people were properly represented in the legal system. It is equally as relevant today as it was 40 years ago. Aboriginal Legal Services led the way in developing legal services for Indigenous Australians; other and NGO legal services followed our lead. Aboriginal Legal services do more than provide legal support, we are a critical voice to challenging racism at many levels to ensure Aboriginal & Torres Strait Islander peoples get a fair go. Aboriginal people still require representation in a system which sometimes fails to properly recognise the first peoples of our nation. ALRM does so much more than just represent people in court, we provide an education service, financial services, counselling and we are a strong and recognised participant in legislative reform in South Australia. People have turned to us for help for 40 years. I am determined to ensure the organisation keeps growing in strength and integrity so that it can continue to serve Aboriginal people in the decades to come.”
Top: ALRM 25th Anniversary Cake. Middle: Syd Sparrow previous long-term staff member of ALRM. Bottom: Aunty Muriel Vanderbyl visiting ALRM office in Adelaide.
Our 40 year journey
FINANCE SECTION
This report reflects the major events and changes for the year which impacted upon the Finance Section and also the financial position of the Organisation during 2012–2013.
Finance Governance Committee The Finance Governance Committee is responsible for the good governance of ALRM’s financial reporting to The Board. At the date of this report this committee consisted of the following members: John Browne Treasurer Chair, Finance Governance Committee
Staffing The section is managed by the Business Administration Manager, Dianne Andary. Dianne is supported by Julie Batt and Zarina Yusop in effectively and efficiently delivering Finance, Human Resources, IT and Communication services to the organisation.
Dianne Andary Business Administration Manager
Rosney Snell Vice Chairperson
Grants Received or Due
Funding Body/Activity
Cheryl Axleby Chief Executive Officer
Total Income
Total Expenditure
Surplus/(Deficit) c/fwd
Australian Government Attorney-General’s Department Legal Aid Services
$4,278,912
$4,572,852
$4,479,630
$93,222
Shearer Report
$58,613
$58,613
$56,646
$1,967
Unpaid Wages Claim
$29,637
$29,637
$23,344
$6,292
SA Prisoner & Historical Handbook
$16,886
$16,886
$0
$16,886
Family Law Legal Assistance Services
$165,740
$165,740
$225
$165,515
Effective Governance
$35,000
$35,000
$0
$35,000
Petition of Mercy
$30,000
$30,000
$0
$30,000
$105,410
$66,590
$82,256
$88,812
($6,556)
$138,182
$138,182
$146,580
($8,398)
$2,000
$2,000
$727
$1,273
$0
$33,026
$4,558
$28,468
Department of Aboriginal Affairs and Reconciliation Aboriginal Visitors Scheme
$172,000
$172,000
Department of Communities and Social Inclusion Low Income Support Program
$82,256 Other
Commonwealth Bank Financial Counselling Department of Families, Housing, Community Services and Indigenous Affairs NAIDOC Other Activities 32
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Aboriginal Legal Rights Movement Inc Financial Results The consolidated results of the ALRM for the 2013 Financial Year recorded a surplus of $89,266. The surplus was achieved due to a strict management of costs and the delay of appointing various vacant positions. Federal Grants are a major source of income for Legal Aid Services and ALRM relies heavily on the Federal AttorneyGeneral’s Department. The audited accounts for the year ended 30 June 2013 have been completed on the basis that ALRM is a going concern, and contracts beyond 30 June 2013 are in place. The annual Legal Aid Services funding is provided by The Federal Attorney-General’s Department pursuant to a Contract for the period July 2012 to June 2015. Pursuant to the new contract the current Funding Allocation Model distribution of the Legal Program estimates for the next two years will be as follows: 2013–2014 2014–2015
$4,825,231 $4,886,682
The Attorney-General’s Department has provided increased Legal Assistance Funding for the next two years for additional Family Law and Child Protection services. They have also provided additional funding to cover work with the Royal Commission’s Legal Advisory Service. This year a one off grant of $165,740 was received from the Attorney-General’s Department for the delivery of Legal Assistance in Family Law Matters. Additionally one off grants of $30,000 and $35,000 were received for the expensive case, Petition of Mercy and Effective Governance Training, respectively. These services will be delivered in the 2013–2014 year.
Analysis of Financial Results This year produced a net surplus of $89,266. An analysis of the results will show that the reported consolidated surplus this year was mainly attributed to a reduction in overall expenditure. The reduction in expenditure was due to more efficient use of resources.
The financial computer system has been streamlined to allow for more efficient coding of goods and services, and more effective and useful reporting. A telecommunications review was undertaken as ALRM had old, distributed PBX telephony services at each of its sites. This configuration did not enable integration and consistent support. A solution was provided by Subnet that involved the implementation of a private network via Internode with a centralised Cisco IP telephony platform. This was a cost effective approach as the cost savings in monthly Telstra land-line services and centralising management of remote desktops offset the additional leasing costs for the new equipment. At the date of this report this project has been successfully completed.
Conclusion It has been an interesting year for the Finance Department. It has experienced various changes to senior management; finalised a review of its reporting to the Federal AttorneyGeneral’s Department; reviewed its internal policy procedures; strengthened its budgetary process and reporting; and appointed a Business Administration Manager. As mentioned in the previous year, ALRM was subjected to two reviews which were reported to the Attorney-General’s Department; The Shearer Report and an audit review prepared by Deloittes. Both reports had made various recommendations to the Federal Attorney-General’s Department which were assessed and implemented by ALRM to their satisfaction. Brian Jolly retired in December 2012 after many years of service. We thank him for his valuable contribution and commitment to ALRM. In conclusion I acknowledge the contributions of the Board who provide governance in their own time. I also acknowledge the tireless efforts, support and leadership of Cheryl Axleby, CEO. I also thank Julie and Zarina for their good work, patience and commitment to ALRM, particularly considering the many changes this year. Dianne Andary Business Administration Manager
This year management was proactive in reducing leave entitlements and various employee positions remained vacant. Considerable savings were attained through improved administration of mobile telephone contracts, new Multifunction Devices with more favourable leasing terms, and a reduction in travel costs of 25%. The organisation has been diligent in managing its budget and has improved efficiency in areas of computer technology systems and software in order to deliver efficiency gains and increased productivity.
Our 40 year journey
OPERATIONS AND CLIENT SERVICES Delivery of Legal Services: Magistrates Courts Field Officers are attending Magistrates Courts on a weekly basis, I am attending the Solicitors diary meetings every Wednesday where it is decided which court needs a Field Officer to attend and assist.
Nunga Court A Field Officer is readily available to attend the court to assist the solicitor in taking instructions, seeing clients in the cells and chasing clients up. This court only sits every two weeks.
Field Officers ALRM has four Aboriginal Field Officers in the Adelaide metropolitan region and a minimum of two in each of its country offices in Ceduna and Port Augusta with the exception of Murray Bridge and Coober Pedy which both have one. The primary role of the Aboriginal Field Officer is to be the link between the community, the solicitors, and the courts. Aboriginal Field Officers respond to Aboriginal people detained in police custody. ALRM operates a 24-hour service with Field Officers being on call within all locations, to be readily available to assist Aboriginal detainees in custody to access bail, organise the contacting of family members to act as guarantor for bail, to attend upon police interviews and to advise all Aboriginal detainees of their human and legal rights, when under a police investigation.
Top left: Michael Wanganeen Manager Operations & Client Services. Top right: Sharmaine Wilson Acting Operations & Field Service Manager.
ALRM Aboriginal Field Officers are integral to the delivery of services in a culturally competent and respectful manner to the Aboriginal communities in which they work. Aboriginal Field Officers are readily known within the community and are often sought as the first point of call for Aboriginal people who wish to know their legal rights. Aboriginal Field Officers play a crucial role in educating solicitors and SAPOL about local Aboriginal communities, and the economic, social and cultural issues facing communities and families who appear before the Courts. All complaints are received and addressed by the Director of Legal Services who maintains the Complaints Register and will ensure complaints are a standing agenda item on the Senior Management Team and data reported to Board. The Director of Legal Services will report on the trends of complaints and take these to SMT. SMT to review and alter practices and procedures via SMT to better serve clients. Staff offered customer service and/or conflict resolution training, where required. This year we have implemented an annual ALRM Award for staff for outstanding service to community. Voted by their peers within ALRM and police station cell staff in metropolitan Adelaide and country regional centres. Aboriginal Field Officers in country regions appear before the Magistrates Courts and assist solicitors with overnight arrests. This has assisted solicitors to address large workloads prior to commencing court matters. The Adelaide Civil practice has one Aboriginal Field Officer who is the first point of call for civil legal matters and who also attends to community to deliver community legal education and awareness of civil law, undertakes responsibility for Police Complaints and undertakes prison visits to clients detained in custody in respect of civil law. Joanne Dingaman from our Coober Pedy office will commence her community legal studies in the near future.
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Adelaide: Robert Gillespie Lyndon Reid Kelly Rankine Leonie Bray Kahlia Power (Civil) Murray Bridge: Robert Gillespie
Lyndon Reid
Evelyn Dohnt Port Augusta: Dean Martin Cherylin Waye Ceduna: Gavin (Billy) Haseldeine Patricia Heaver
Kelly Rankine
Leonie Bray
Evelyn Dohnt
Dean Martin
Cherylin Waye
Salome Hapuku AVS Coordinator
Coober Pedy: Joanne Dingaman
Our 40 year journey
Aboriginal Visitors Scheme Recruitment New AVS Coordinator recruited (Salome Hapuku) in June 2013. Salome has been managing the AVS program successfully with Assistance from myself and Dianne Andary. Salome has been working closely with Lee Nnaemeka and Jacquie from Workskil to recruit new AVS Visitors for Christies Beach, Holden Hill and Sturt regions. Requirements of visits are minimal. Most of our Visitors hold full-time employment during the day. Some are retired whilst others are carers.
Current AVS Visitors
New Visitors are: • CB:
Steven Rowney.
• HH:
Jaclyn Perry.
• PA:
John Cook.
• Sturt:
Jaye Osborne.
Each had Induction Training and a tour of their local Police Holding Cells. Country Visitors remain the same. Plan to visit Country regions at the end in November/December to promote AVS program in each local community. Re-establish relationships with each AVS visitor and SAPOL. Working with Workskil also to recruit AVS visitors for Country regions where there are NO current AVS Visitors: • Mount Gambier.
Adelaide Region
AVS Visitor
Adelaide
Antony McCulloch
Christies Beach
Steve Rowney
Elizabeth
Voreen Shannon
Holden Hill
Jaclyn Perry
Port Adelaide
John Cook
Sturt
Jaye Osborne
Country Region
AVS Visitor
It would be ideal to recruit more Aboriginal AVS Visitors though hard to find. Workskil has an Indigenous Employment Program. Salome has met with Jacquie from Workskil to brainstorm ideas of how ALRM and Workskil can work together in order to recruit clients directly through this program.
Berri
Daniel Matthews
AVS State Advisory Forum
Kadina
Debra Chappell
Murray Bridge
Dorothy Sleightmore
The forum is made up of representatives from each Local Steering Committee state-wide:
Port Augusta
Frank Klavora
• A member from the Aboriginal Justice Advocacy Committee (AJAC).
Port Pirie
Elizabeth Biddell
• Senior Officer from SA Police (SAPOL).
Whyalla
Julie Bartel
• Port Lincoln. • Coober Pedy. • Ceduna. • Whyalla. Workskil has an office in Raukkan area – may be worth looking at AVS program for this region.
• A member from a local Family and Youth Service within the community. Responsibilities • Sets policies and development program options and monitors outcomes. • Provides coordination and a forum for dialogue at the State level. • Makes recommendations.
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SAPOL AVS Co-ordinator visited all metropolitan Police Stations, except Elizabeth. Not all Police Stations run the same, from these visits Salome was able to advise AVS Visitors exactly what they are dealing with and enable each Visitor to build a strong working repore with officers and in turn help assist detainees to the best of their ability. Training needs to be re-established on a regular basis (quarterly). Regular meetings need to be re-established and should be every six weeks. Salome is planning trips to all Country Regions to meet AVS Visitors, Local Police and visit Community Health Services to promote AVS program, increase awareness and recruit new visitors. Sharmaine Wilson Acting Operations & Field Service Manager
Our 40 year journey
REGIONAL OFFICES
All regional offices now offer a full range of legal services, from quick advice to criminal trials. Gail Dodd has now joined the Port Augusta office as a civil lawyer bringing with her an arsenal of experience, ranging from simple credit matters to extremely complex family law and child protection trials. She will be looking after all civil matters arising out of all three offices and the APY lands.
Ceduna Staff Marelin Mathews Office Manager & Legal Secretary Ed Laginha Criminal/Civil Solicitor Patricia (Trish) Hever Field Officer Gavin (Billy) Haseldine Field Officer
Services The Ceduna Office of ALRM continues to offer a full range of services from criminal trials, guilty pleas, bail applications/ variations, intervention orders, and various quick advice. Civil work includes child custody and some family law matters in consultation with the Port Augusta and Adelaide Office The ongoing 24-hour Field Officer Service is shared between the two Field Officers and when required the they will attend Police interviews during the early hours of the morning and on weekends. Phone advice is also provided to custodies located in Yalata and Port Lincoln. We had to farewell our Field Officer Sharmaine Wilson October this year as she transferred back to our head office in Adelaide to take on the Civil Field Officer position. Sharmaine is a reliable team member, her knowledge and support has been greatly missed, but luckily we can still contact her to utilise her expertise. We welcomed back Gavin (Billy) Haseldine who was willing to return as Field Officer. Transition was extremely easy on staff due to Billy’s previous experience and expertise in the position. It is a benefit to the office and more so the community to have him back on board. At the end of November this year we also farewelled our resident Solicitor Max Frew, after 11 months of service at Ceduna Office he decided to resign and enjoy his retirement back in NSW. It is pleasing to say we were able to fill the position and welcomed Eduardo (Ed) Laginha, who joined us in December from NSW. 38
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Ed previously worked with the ALS and as a Legal Aid criminal defence duty lawyer, working mainly as a courtroom advocate, he also enjoyed stints in Native Title and private legal practice. Ed has spent recent years on the bench as a Registrar managing litigation process and conducting multi-party conciliation conferences. We are grateful to have the support of our Adelaide staff assisting our office when in need. Senior Criminal Practice Manager Bernie Beston was here in December to attend the Court circuit when Ed first commenced, Solicitor Phil Edwards attended the Port Lincoln Court circuit in December and Solicitor Rosie Denny attended the Ceduna and Yalata Court circuit in January. It is a pleasure to have our city counterparts visit and the knowledge and experience they share is a benefit to all staff in the office. This year saw the Courts Administration Authority set up an Aboriginal Sentencing Court in the Yalata Community calling it ‘The Anangu Court’. This arose from discussions with the Aboriginal Programmes Court staff and the Yalata Council. The first sitting was held on 19 March 2013 and will continue every Yalata Court sitting. Community elders sit throughout the whole court day along with a Pitjantjatjara interpreter. It is important for the community elders to be a part of the ‘The Anangu Court’ as this court is for the Aboriginal People who reside in the Yalata Community. It has proven to be extremely successful as the Community Elder input has a major impact on the defendants Our assistance with outstanding fines has escalated dramatically. Since the Ceduna Courthouse Registry closed in 2009 (only opening for the set court weeks) we have seen our dealings with fine related matters rise every year. We have a close working relationship with the Aboriginal Justice Officers, who support and assist us whenever required. It is positive to say more people are sorting out their outstanding fines rather than leaving them sit on the system and accumulate fees. From dealing with high levels of fines, it has come to our attention a number of clients have accumulated an excessive amount of fines impossible to pay off, even on a minimal payment plan. ALRM and the AJOs are working together to assist clients apply for remission or reduction of fines under hardship. Over the last year barring orders have once again become a major issue for people in the community. Licensed Premises continue to bar patrons for various reasons, but of recent there has been an increase in the serving of ‘Welfare Barring Orders’. If the welfare of a person, or the welfare of a person residing with the person, is seriously at risk as a result of the consumption of alcohol by the person police will served with a ‘Welfare Barring Order’. Numerous clients have provided instructions’ regarding their barring orders and our lawyer is assessing each matter as to grounds for an appeal.
Matters concerning driving licences have increased this last year along with difficulties regarding impounded motor vehicles. We are working with clients to rectify issues and complications they have regarding these problems, the period to achieve results is extremely timely, but staff persist to get the best outcome possible or at least to move on to the next stage in the process. In January of 2013 ALRM commenced working alongside Michelle Anderson, the Regional Vocational Training Coordinator of Yalata Community to address the issue of mobility for Far West Coast Indigenous residents, with a view to try and overcome the barriers and difficulties of acknowledging licence disqualifications and subsequent identification issues. ALRM liaised with Yalata Community, Services SA, Ceduna SAPOL and the Ceduna Council K9 squad (sheriffs) over a six month period to try and envisage a solution. Through the collaboration between the above agencies a method was implemented to trial in order to support Far West Indigenous residents address the unacknowledged disqualification notices. Given the long history of unsuccessful attempts from all of our organisations, this was a real breakthrough. Yalata Community Inc. (YCI) made arrangements for two Service SA representatives to attend the remote community and invited ALRM staff to join them. Training from Services SA was provided to YCI community service staff this was incredibly valuable in terms of empowering support workers to make that first important phone call to the Port Augusta office of Service SA and in turn be directed to assist individuals in resolving licensing issues and obtain identification. We thank Michelle Anderson of YCI and all agencies involved for the efforts and dedication put in to make the visit and pilot plan happen. The extensive determination from all agencies saw 30 individual cases be addressed and three individual cases follow through to the targeted final result of being able to acknowledge their disqualification notices without having to travel 400–600km (one-way) to a Service SA centre. We are still a long way off effectively addressing mobility issues in this region but through the support and the collaboration between the various agencies we have made a significant step forward, unfortunately we are yet to see if the pilot method can be continued in order to assist more people deal with their disqualification notices.
Our 40 year journey
Non-Legal Services The Ceduna Office remains actively involved in helping the community to obtain photographic identification by our own internal ID forms for airport, banking, housing and Centrelink purposes., as well as assisting with many applications for Proof of Age Cards.
November last year saw the successful completion of Patricia Hever’s para-legal course after 12 months of dedicated study. This course has added to her vast knowledge of the court system and wider legal issues. Patricia has proven to be an extremely valuable member of staff especially with her endless dedication to clients and the contacts she has within various services locally and throughout the state.
Financial issues regarding debt matters, banking difficulties, public trustee liaison and referrals for estate matters are part of our regular work load. We work in partnership with our colleagues from the Low Income Support Program (LISP) in Port Augusta and Adelaide to resolve matters. June this year saw Tim Spurdens of our Adelaide office come over and visit the Yalata Community to assess the financial needs and look at future services that could be provided.
November also saw Marelin Matthews become appointed as a Justice of the Peace for South Australia. Having a JP based in the Ceduna office has proven to be vital (when our lawyer is out of town) in being a one-stop-shop for sorting out matters that requires documents to be witnessed or affidavits to be sworn. In the past clients have failed to return with signed documents, so now we can have it all done whilst they are in attendance.
We had the pleasure of our CEO Cheryl Axelby visit Ceduna in July, when we held a ‘Community Consultation Meeting’ in regards to ALRM services. Cheryl addressed the community members in attendance and feedback was provided as to issues community members are facing and ways ALRM could assist to try and rectify them was discussed. It was great to have Cheryl to visit the area and we look forward to when she can make her next visit. In November our Director of Legal Services Chris Charles made a trip to Ceduna and Yalata to attend the Yalata AGM and hold a Community Meeting in Ceduna to address the reasons of ALRM pulling out of the English litigation cases. Community feel reassured when we have Mr Charles attend the area. He is very well respected as he speaks up for community and is aware of the difficulties our clients face on a daily basis, along with the factors of being disadvantaged. This year we have been actively promoting ALRM by attending community events such as the opening of the Ceduna Day Centre, taking part in the march for White Ribbon Day, attending various Breaking the Cycle Community Meetings, Forensic Mental Health Presentation with the Ceduna District Health Service, Closing the Gap Community Event, Anniversary of Apology Day and Court Dinners We continue to strengthened ties with the Aboriginal Family Violence Prevention Legal Service and Police Prosecution, working in a united effort to curtail family violence especially in relation to women and children.
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Port Lincoln The Ceduna office services the Port Lincoln area with our solicitor (and field officer when necessary) attending every court circuit. Since the Port Lincoln office closed in 2009 there has been a decline in clients, which we put down to not having someone based in the community. We aim to promote our visits regularly so community members know when we will be in the area, whether they need assistance for criminal civil or family matters. In October the Port Lincoln Magistrates Court commenced a pilot sitting where Special Justices will preside over first return matters. Special justice sittings occur around three days per month, we try to have our lawyer attend whenever possible (depending on the Ceduna workload) as we believe the more initial contact with clients in court we can get will allow us to retain them for the future. We are working on avenues to secure the confidence of the Port Lincoln Community so we can once again offer the same high standard of service that is enjoyed by Ceduna and surrounding Communities.
Conclusion The workload of the Ceduna Office has definitely increased, more so in the capacity of non-legal services. We remain steadfast in maintaining our standard of service offered to the community and believe this is reflected by the positive feedback from our clientele. A strong ALRM community presence and having a resident lawyer is vital in providing the level of service. In the future we would like to implement yearly visits to surrounding communities such as Oak Valley and hope to be able to make regular visits to the Port Augusta Prison when necessary to see clients in custody face-to-face prior to their next court hearings, and Port Lincoln to obtain instructions before court week.
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Murray Bridge Staff
Port Augusta Staff
Evelyn Dohnt Field Officer
Gail Dodd Office Manager, Acting Manager
Brooke Vanzati Legal Secretary Bernie Beston Rosie Denny Megan McDowall Matthew Milburn Criminal Solicitors: 2–3 days a week The Murray Bridge office supplies outreach services to Berri, Mount Barker and Mount Gambier. Clients from those regions receive representation as required from ALRM Criminal Solicitors as the need arises. Field Officer provides support and does follow ups when required, informs clients of their legal obligations, receives arrest notifications, responds to phone calls, recording of criminal notifications. Murray Bridge Office provides advice and representation on criminal matters with all civil, family and financial matters are referred to the central office of ALRM. Clients are referred onto relevant services available to them in Murray Bridge eg. Aboriginal Health, Counsellors, Aboriginal Housing. There is a telephone in the Murray Bridge office for clients use to contact solicitors etc. A Field Officer attends Berri once a month, to obtain Instructions from clients and allegations from SAPOL. Murray Bridge staff attended numerous events this year including NAIDOC 2013 in the River Murray Region and surrounding areas, Keep it Corka Bridge Walk, our Field Officer raised the Flag at the opening ceremony as a result of Murray Bridge Office being awareded the Community Organisation of the Year. We also attended Raukkan Open Day and Camp Coorong Arts and Crafts and numerous other events in the surrounding areas. Evelyn Dohnt and Brooke Vanzati Murray Bridge
Gail Dodd Civil Practice Solicitor Brian Ngugi Kathryn McDonald James Aujard Criminal Practice Solicitors Dean Martin Cherylin Waye Joann Dingaman Rubina Hall Aboriginal Field Officers Elizabeth Rogers Carleen Munday Rubina Hall Legal Secretaries/Admin Tim Hampton Eunice Bartlett Finance Section
Our 40 year journey
It has been both a challenging and very good year for our office. We have experienced staff changes and thank all of our past and present staff for their commitment and dedication to Aboriginal Legal Rights Movement Inc. We welcome the following staff to our office, who bring a lot of experience and have fitted in very well to Port Augusta and Coober Pedy: • Joanne Dingaman, Coober Pedy Office • Rubina Hall • Carleen Munday • Elizabeth Rogers • James Aujard • Kathryn McDonald We are a very busy office and having an additional field officer in Coober Pedy is valuable. Joanne assists and joins the lawyers in travelling to the APY Lands for Court Circuit as well as being available to see clients and be an advocate in Coober Pedy, where people can see someone face-to-face. We have a very effective team in Port Augusta; we dedicated in our roles and strive for excellence in our service delivery. We are very fortunate to have support from Adelaide office and Ceduna. Marelin from Ceduna has given her time in assisting our new staff here with the transition in the Legal Administrative roles. Her support and assistance has been greatly appreciated by the Port Augusta Team. Bernie Beston and Chris Charles have regularly attended the office to assist with District Court other matters and offering support for the lawyers. Port Augusta office, is covering many court circuits and having three lawyers in the Criminal Section, has enabled many matters to be finalised before the courts. ALRM have the majority of files before the Port Augusta Court. Our workload has increased in Port Pirie, which is positive and it will continue to grow. The structure of the courts in Port Augusta, Whyalla, Port Pirie and Coober Pedy and the way the lists are complied with mention days and set trial days is working well for the office and in allocating lawyers to specific courts.
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The Civil Section is active with work in areas of Family Law, Child Protection, Complaints, Employment Law and general advice. We have a wide variety of services where clients are referred from Port Augusta regions to Coober Pedy and the Lands, and we have had some good outcomes for clients and have provided representation to clients in the Federal Magistrates Court and Youth Court. We have a few matters in the civil area from Port Pirie. In matters where we unable to assist in particular areas of law, we always try to give the clients some information and/or refer to appropriate agencies. Through our extra funding from the A-G’s we have been able to employ Rubina in a dual role of field officer in the Civil Section and Legal Secretary. Our Civil Section receives great support from our Adelaide Civil Section, as well as our office receiving overall support form Adelaide and Ceduna.
Apy Lands This is a very busy circuit and due to further court funding cut backs, the APY circuit has been reduced again. There will no longer be trials held on the Lands; Trials will be set in Coober Pedy and/or Port Augusta. There is also talk about the Courts appearing by video link up to the Lands to hear matters, rather than attending on the circuits. We also have concerns with regards to the cut backs and the impact this has on our clients. In trials, the victim and/or witnesses who live on the Lands may be able to give evidence via video link up from Indulkana; we understand the police will bring them to Indulkana for that to occur. The person charged will be required to make their way to either Coober Pedy and/or Port Augusta for the trial. In practice we have not seen how this is going to work and/or fully impact on our clients and service, as it just being implemented, but there are certainly some concerns and challenges ahead for our clients who live in the APY Lands. Brian Ngugi one of our lawyers who regularly attends the Lands with the Court Circuit has recently completed a four wheel drive training course, which he found valuable when attending the Lands. Field officers attend the Circuit with the lawyer and their experience and guidance to the lawyers attending is vital. I have attended two circuits from the Civil Section last financial year, and have found this to be very worthwhile and valuable. It is not until you go to the Lands that you truly get an appreciation of how far clients travel to get from one place to another, especially for Court along with the diversity and beauty of the Lands. The Civil Section will continue attending the Lands to offer assistance to clients and the community.
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Coober Pedy This is another busy circuit where ALRM has the majority of matters in the court. Joanne attends the Lands circuit with the lawyer and offers valuable assistance and guidance as do all of our field officers. Having somewhere the clients can see someone from ALRM face to face goes without words. The Whyalla circuit has picked up, by regularly attending and is growing. We have quite a lot of civil clients in the Whyalla region as well. We travel to Whyalla to visit with clients when they have difficulty getting to the office.
Training, Issues, Casework There has been a lot of in house training with both Bernie Beston and Chris Charles actively involved in ensuring our solicitors have the training and CPD requirements met. There has been input from the solicitors as to the topics they seek. Lawyers have also had the opportunity to engage in CPD training via Skype with the Law Society on specific topics relevant to their work. At times there are free seminars in Port Augusta, which we will endeavour to tap into, saving costs and getting points. Our office has regular staff meetings to keep up to date on current issues and for planning days to ensure Staffs workloads are managed and evenly distributed. We have been focusing on Community Involvement and we should have lots to report on this area in our next report. Please come into our office at any time to meet our new staff and have a cup of coffee, our doors are always open. Gail Dodd Acting Office Manager Civil Solicitor
Our 40 year journey
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FINANCIAL STATEMENTS
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Our 40 year journey
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APPENDICES
A: Acronyms and Abbreviations AARD
Aboriginal Affairs and Reconciliation Division
ALOs
Aboriginal Liaison Officers
ALRM
Aboriginal Legal Rights Movement
ALSIS
Australian Legal Services Information System
APOSS Aboriginal Prisoner Offenders Support Service ASIC
Australian Securities and Investment Commission
NATSILS National Aboriginal and Torres Strait Islander Legal Service Nunga Aboriginal person PADIC Forum
Prevention of Aboriginal Deaths In Custody Forum
PIA
Public Intoxication Act
RCIADIC Royal Commission Into Aboriginal Deaths in Custody SA
South Australia
SAFCA South Australian Financial Counsellors Association
ATSILS Aboriginal and Torres Strait Islander Legal Services
SACOSS South Australian Council of Social Services
ATO
Australian Tax Office
SANTS South Australian Native Title Services
AVS
Aboriginal Visitors Scheme
SAPOL South Australian Police
CEO
Chief Executive Officer
SM
Stipendiary Magistrate
FaHCSIA Department of Families, Housing, Community Services and Indigenous Affairs
UNPFII United Nations Permanent Forum on Indigenous Issues
LISP
Low Income Support Program
B: List of Figures and Tables
LSL
Long Service Leave
Figures Figure 1: Organisational Chart at 30 June 2013
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Tables Table 2: Funding Summary 2012–2013
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Our 40 year journey
Aboriginal Legal Rights Movement Inc (ALRM) 321–325 King William Street, Adelaide, SA 5000 Ph: (08) 8113 3777 or FREECALL number: 1800 643 222 Fax: (08) 8211 7618 (Admin) or (08) 8113 3755 (Legal) Email: info@alrm.org.au Website: www.alrm.org.au