Law in the community: Providing help

Welcome to our new regular column focusing on the importance of Law in the Community, where we showcase the extraordinary pro bono work conducted by community organisations, private legal practices and the Law Society. Community legal work is essential to ensure the availability of access to justice for all members of the community, including those that are vulnerable and financially disadvantaged. It is also extremely rewarding work. In this edition we are showcasing the Bushfire Community Legal Program, and the invaluable work they do. We thank Holly McCoy, Legal Officer for sharing this excellent insight. We are also introducing a calendar of community legal events that may be of interest to you as a professional, or may be an event that would be of interest to your clients. We invite contributions from members of the profession. For articles, the focus needs to be on how members of the community and your team were able to benefit from your event. For calendar events, please provide a description of the event, date/time, location, provider details and how to book/obtain more information. The deadline for submissions is the second Wednesday of each month, for inclusion in the following month’s Bulletin. Please send all articles, event details and questions to Michelle Ford, CEO & Managing Lawyer, WestSide Community Lawyers – michelle.ford@westsidelawyers.net

PROVIDING HELP TO BUSHFIRE VICTIMS

HOLLY MCCOY, LEGAL & PROJECT OFFICER - BUSHFIRE COMMUNITY LEGAL PROGRAM, COMMUNITY JUSTICE SERVICES SA

Here at the Bushfire Community Legal Program1 (BCLP), we are honoured to have the opportunity to prepare the inaugural “Law in the Community” article for the Bulletin, to showcase the diversity, relevance, and adaptability of the community legal sector (granted, we may be a little biased!).

BCLP History:

The BCLP commenced in August 2020, in response to the 2019/2020 Black Summer bushfires. The initial 18-month pilot was funded by the Commonwealth Government and supported by the State AttorneyGeneral’s Department. Initially, the pilot was a joint venture between Community Legal Centres South Australia (CLCSA) and Legal Services Commission SA (LSCSA).

The purpose of the pilot was to provide a dedicated, boots on the ground solicitor from each service to assist some of the communities impacted by Black Summer; providing free legal advice, information, referrals, and education to assist with recovery and relief efforts. CLCSA was responsible for Kangaroo Island (KI). The writer had the honour of attending KI near-fortnightly to work with and for their community. LSCSA was responsible for the Adelaide Hills, and both services jointly supported Yorketown (and surrounding communities).

BCLP Now:

Prior to the joint pilot project ceasing in December 2022, an evaluation of the same was undertaken by the Climate and Sustainability Policy Research Group (CASPR) (a copy of the report can be read here: www.thecaspr.org/reports). Applying the learnings from the pilot project, the evaluation, and the Royal Commission into National Disaster Arrangements, we recommended the pilot project be expanded, both jurisdictionally and in focus. It was (and IS) clear there was a space, and need, for the provision of free legal services to assist all high-risk, or previously impacted, bushfire communities

(L to R): Sharon Keith - Program Manager at Disaster Legal Help Victoria, Holly McCoy – Legal Of cer at Bush re Community Legal Program (Community Justice Services SA), Bronwyn Lay – Climate Justice and Disaster Response Lead at Federation of Community Legal Centres Vic, and Ippei Okazaki, Sector Development Of cer at Community Legal Centres SA at the Australian Disaster Resilience Conference, August 2022 (Adelaide). An example of how the law interacts with the disaster cycle.

across the state with their preparedness activities and mitigation/capacity building.

In January 2023 funding was provided to Community Justice Services Pty Ltd (CJSSA) to deliver the expanded program. Noting the number of townships we identified as priority for service delivery (around 180!), the kilometres between them all, and resourcing limitations (if anyone has mastered the art of successfully being in two places at once, please get in touch), the focus of the expanded BCLP is on education. BCLP targets large groups of community members and delivers workshops and presentations on legal issues they may encounter if faced with a bushfire, focusing on the practical steps/ mitigating factors they can implement now to reduce the disaster impact and improve their overall resilience.

Legal Service to Disaster Service – the Transition

I did not come into BCLP with a background in emergency management. My legal career commenced in a generalist private practice and then, having followed my strong desire to assist vulnerable community members, a role in a specialist family and domestic violence community legal centre.

Whilst I had to inform myself on emergency management stakeholders, principles, and national and state disaster frameworks, the transition into disaster service delivery was relatively straightforward. I attribute this to the transferable skills I have developed working in the community legal sector. Community lawyers are trained in, and pride themselves on, being trauma informed. We regularly undertake outreaches to regional communities, to ensure access to justice. We understand the importance of stakeholder and community engagement – making sure our services reflect community need and that we develop strong referral networks, to ensure holistic service delivery. Lastly, and of most importance, community is at the core of everything we do.

Emergency Management and the Legal Sector:

Initially, I had some reservations about the role I had taken on – I, like many in the emergency management/disaster sector, struggled (at first) to see a strong correlation between disasters and the law. However, it became apparent that those in the wake of, or impacted by a bushfire (but applicable to any natural disaster, really) are likely to encounter the law at every stage of the ‘disaster life cycle’.

The image above provides an overview of the different types of legal issues communities may face at each of these different stages. Of course, this is merely a summary and there are a multitude of other potential legal impacts/interactions. However, the writer hopes this visual helps you to appreciate the importance of the legal sector in emergency and disaster management2 and that we all – community sector and private profession – have an important role to play.

Closing Remarks

Before putting you all out of your misery (those of you who have read this far, at least) and bringing this article to an end, the writer wishes to acknowledge and share gratitude for the generosity shown by the legal profession – the community legal sector, university clinics, and the private profession – to assist the BCLP and the communities we work with and for. Your input has been invaluable and greatly appreciated.

The BCLP, in fact, the community legal sector as a whole, relies on strong connections with the legal profession for pro and low bono referral pathways for clients, the co-delivery of community legal education materials, and/or the delivery of continued professional development workshops to ensure we can upskill our sector to best respond to everchanging community needs.

Lastly, it would be remiss of the writer not to mention and share our immense respect, gratitude, and admiration for the members of all the communities we have worked with and for these past two- and a-bit years. Programs like these can’t succeed without the generosity afforded to us by communities and stakeholders, so thank you all.

Should you wish to learn more about the BCLP and/or how you can assist, please do not hesitate to get in touch. Feel free to also head over to, like, and share our Facebook page3 too! B

Endnotes 1 www.communityjusticesa.org.au/bushfirecommunity-legal-program 2 The writer notes the Royal Commission into

Natural Disaster Arrangements made similar findings. See, specifically, paragraphs [21.26], [21.46 – 21.47], [22.14], [22.100] and [22.104] and recommendation 22.5. 3 www.facebook.com/ bushfirecommunitylegalprogram

CALENDAR OF EVENTS

DATE DETAILS PROVIDER

8 & 9 November 2022 Free Legal Advice Clinic Free legal advice for members of the community in family law, criminal law, and civil law.

Location:

Flinders Arcade, 72 Ellen Street, Port Pirie WestSide Community Lawyers HOW TO BOOK

Call 08 8340 9009 – bookings are essential.

8 November 2022 Walking in their Shoes Tour Assisting practitioners and students in the sector to understand the pathways families take when accessing the Court. These tours include a walkthrough of the Court’s services and Q&A. Location: Federal Circuit and Family Court of Australia (Adelaide Registry) Family Law Pathways and Federal Circuit and Family Court of Australia Bookings are essential due to limited places. Call 0407 317 376

17 November 2022 Community Justice Centre’s 40th

Anniversary Celebration

Location: Ten22, Edwardstown SA RSVP by 31 October 2022. Southern Community Justice Centre Follow this link to book https://www.eventbrite. com.au/e/communityjustice-centres-40thanniversary-celebrationtickets-418408550237

1 December 2022 Aboriginal and Torres Strait Islander Family

Law Roadshow with Judge Kelly and Alec Wanganeen

For members the Aboriginal Community and the professionals who work alongside them to spread knowledge about options for kinship care through the Aboriginal and Torres Strait Islander List at the Federal Circuit and Family Court of Australia

Location: Brahma Lodge Family Law Pathways and Federal Circuit and Family Court of Australia Call 0407 317 376

Bookings are essential

13 December 2022 Walking in their Shoes Tour Assisting practitioners and students in the sector to understand the pathways families take when accessing the Court. These tours include a walkthrough of the Court’s services and Q&A. Location: Federal Circuit and Family Court of Australia (Adelaide Registry) Family Law Pathways and Federal Circuit and Family Court of Australia Bookings are essential due to limited places. Call Family Law Pathways on 0407 317 376