Annual Report 2014 - SMLS

Annual Report 2014

Statement of Purpose » SMLS aims to empower and support members of our community to use the law and legal system to protect and advance their rights and broaden their awareness of their responsibilities.

» SMLS seeks to redress imbalances in access to justice through the provision of legal assistance and information, community legal education and law reform.

» SMLS also aims to develop the confidence, skills and ethics of law students through clinical legal education in a community environment.

Vision » To lead in the creation of a fair and just society.

Mission » To make the legal system accessible to disadvantaged members of the community.

» To challenge systemic disadvantage within the community. » To advocate for and assist service users to advance their rights and broaden their awareness of their responsibilities.

» To develop the confidence, skills and ethical conduct of Monash law students through participation in the clinical legal education program.

Values » Respect for diversity » Promote active and full participation for community members » Uphold the dignity of service users » Promote human rights » Ensure practice is informed by consultation » Respond to every client in a holistic manner

1Springvale Monash Legal Service Inc. | Annual Report 2014

Contents

Board of Directors 2

Staff 3

Clinical Education Program 4

Volunteers 5

Advance Professional Practice Students 7

Chairperson’s Report 8

The Exiting Director 9

Executive Director & Legal Practice Manager 10

South Eastern Migration Advice Service 12

Civil Litigation 13

Family Violence Program 14

Family Law & Child Support Program 15

SMLS/SECASA Joint Legal Clinic 16

Making Rights a Reality Project 17

Volunteer Program 18

Administration 19

Community Development & Law Reform 20

Case Studies 21

Student’s Perspectives 22

Collaborative Relationships 24

Legal Practice Manual 25

Acknowledgements 29

Finances 30

2

Board of Directors

BOARD OF DIRECTORSJared HeathSonia ParisiJohn Sullivan*David StarvaggiAnna HallJasmina Kevric*Christine Keys*Marama Kufi*Sarah WilliamsAndrew Simmons

MONASH LAW FACULTY ADVISORSBronwyn NaylorAzadeh DastyariKathryn James*Ross Hyams

NON VOTING MEMBERSHelen Yandell*Kristen WallworkAndrea Videion

CONSULTANTAdrian Evans

*Vacated

Jared Heath

Sarah WilliamsDavid StarvaggiJared Heath

Andrew Simmons Ross Hyams Bronwyn Naylor Adrian Evans

Anna Hall


Staff

Andrew Rakowski Margaret Austin Korina Leoncio

STAFFDirector (July 2013 – January 2014)Helen Yandell*

Executive Director (April 2014 – Present)Kristen Wallwork

Legal Practice ManagerKristen Wallwork

Administration Manager Joan Thong*

Finance ContractorAnnette Di Battista

IT ConsultantsRitesh FoolchandRuben Rhamdhony

Community Development WorkerKei JuddGillian Davy

Civil Litigation SolicitorDaniel Bean

Family Law and Child Support SolicitorsJaya Nita NagendranAndrea VideionDavid Easteal (Locum)

SMLS/SECASA Joint Legal Clinic SupervisorMeghan ButterfieldSouth Eastern Migration Assistance (SEMAS)Renuka SenanayakeMitra Pirouzgar

Coordinator of VolunteersTrang Nguyen

Professional Practice SupervisorsMargaret AustinAndrew RakowskiKorina Leoncio

Locum Professional Practice SupervisorDavid Starvaggi

Family Violence LawyerJanine Hill-Buxton

Senior Administration OfficerDiane Roberts

Administration OfficersTrang NguyenCheryline Arcena-O’BrienSabrina Lim

Administration VolunteersNatalie SimpkinSuba Ranjanan

*Vacated

2013-2014 CLINICIANS

4

CLINCIAL PERIOD 3 2013

Hayley Fang

Penny Hagekyriakou

Francesca Cee Qun Lai

Merys Elizabeth Williams

Gabi Gabriella Rebekah Boyd

Caroline Grace James

Sally Krutsch

Anastasia Testen

Roberta Hosikian

Tannaz Dehghan

Clare Lemke

Lauren van der Kraan

Jacqueline Ho

Matthew Persico

Sarah Anne Traviati

Daye Gang

Stephanie Elisabeth Garnham

Yianna Giannopoulos

Michael James Beukelman

James Frank Di Falco

Carolyn King

Anne-Marie Kirmos

Sarah Elizabeth Werner

CLINICAL PERIOD 1 2013-2014

Luisa Colosimo

Nicholas Lee

Sasha Lytas

Daniel Sapuppo

Christina Villano

Ben Bromberg

Amanda Phua

Tessa Spence

Ahmed Terzic

Gemma Hallett

Ash Kamalainathan

Gee Narendren

Matthew Shnookal

Bilin Zhou

Rashmika Elleperumaarachchi

Stephanie Kemp

Laura Kerridge

Nick Papas

Natasha GriffithsOphelia Hollway

Ellie Kulesza

Andrew North

Claire Guan

Tom Kuruvilla

Joshua Tait

Ivy Wu

CLINICAL PERIOD 2 2014

Mahla Andrade

Redmond Casey

Ronan O’Donnell

Mandy Wu

Helen Yu

Sarah Gao

Gabriella Mazzone

Liron Shavit

Ying Wu

Madeline Exton

Navjot Sandhu

Rachel Tamir

Alessandra Di Natale

Carolyn Rey

Jonathan Chan

Karena Leung

Christopher Malone

Tegan McWilliam

Adriana To

Mietta McDonald

Laura Monagle

Anne Hescock

Daniel Walsh

Winnie Cheung

Samuel Ellemore

Jason Feigen

Jethro Fries

Clinical Education ProgramProfessional Practice Students


SMLS/SECASA JOINT LEGAL CLINIC

Laura Chipp

Fiona Martin

Jess Malin

Laura GaffeyPhilippa Briglia

Sarah Jane Bennett

Dan Ngyuen

Romaine Abraham

Simon Accott

Dilsha Jayasekara

Jonothan Peck

Derya Siva

Qeziban Memeti

Farah Banihali

Amira Alic

Keryn Midwood

Olivia Pels

Nicole Radzaj

Lachlan Smith

Anastasia Testen

SEMAS

Jeannette Shopland

Eric Brunet

Janelle Kenny

SMLS EVENING VOLUNTEERS

Ainsley Szybkowski

Alexandra McAlpine

Alexandra Yorston

Alisha Shamim

Amaya Hettige

Amela Grebovic

Amir Fahmi

Amy Sheggerud-Woods (S)

Andrew Baker

Angie Wong

Annette Murray* (S)

Anuja Krishnamurthy*

Aphroditi Bakopanos

Ashley Taylor

Ashwini Kamalainathan*

Bavati Rameswaralingam

Belinda Shen (S)

Benjamin Cervenjak

Biao Chen

Bryan Lim

Cathy Symes*

Charlie Morshead

Chat Thomas

Chris Twidale (S)

Christina Villano

Clara Teo*

Claudia Gherman-Buzas

Dale Mitchell*

Daniel Opare

Daphne Foong (DS)

David Asadi*

Deike Schulz

Eliza Lockhart

Elizabeth Ho (S)

Volunteers

6

Emily Curcio

Emily Fischer

Emma Palmer

Evonne Bethavas

Ezio Iorio*

Frankey Chung (DS)

Geerthana Narendren

Georgia Ellis

Hari Sundaresan

Harriet Boothman

Hasini Wickramasinghe

Holly Mullaney*

Irena Przulj

Jacky Wong*

Jade Tam

James Thompson

Janerose Okello

Jennifer Lynch

Jennifer Raeburn

Jessica Nguyen*

Jim Bisas (S)

Joan Thong*

Jodie Hall

John Longo (S)

John O’Sullivan*(S)

Juliet Drew*

Jun Wu

Jun-Hoi Lok

Kelvin Ng

Khushbu Malhotra

Kiralee Middleton

Lakmini Mahipala

Laura Evans-McKendry (S)

Laura Tan*

Lisa Graham

Lisa Harrison*

Lucia Santangelo

Madison Sutton

Maria Kostas (S)

Marianna Stylianou

Mark Lin (DS)

Matthew Daly

Matthew Persico

May-Ann Hill*

Melissa Bull

Melissa Chuong

Mervyn Low (DS)

Merys Williams

Michael Dorn*

Michael Quach

Michael StaffordMike Cooper

Mokshi Wickramaarachchi*

Natalia Chilkiewicz

Natalia Tripp

Natalie Brehm

Nicholas Kong

Paloma Kemelman*

Paul Zaharias (S)

Phoebe Tolich

Rohan Ajzensztat

Rosie Cole

Rosy Roberts

Rupert Lugo*

Sam Fung

Sam Hall

Sam Mason-Smith (DS)

Samantha Amjadali

Samantha Monti*

Sarah Ashby

Sarah Mansfield*(S)Sasha Srkulj

Scott Hill*

Seda Killic

Shaan Bajwa

Shane Khong

Sharon Humphries*

Simon Fuller (S)

Simon Varszeghy*(S)

Stefan Saponja

Stephanie Pashias

Stephanie Kemp

Stephanie Mu

Takako Yoshizawa

Tan Mao Lin

Teresa Fae (S)

Tessa Mead

Victor Islam

Vivek Anand* (S)

Will Meehan

Winnie Tsang (DS)

Zoe McNaughton

*Vacated

(S) – Supervisor

(DS) – Deputy Supervisor


SMLS/SECASA JOINT LEGAL CLINIC

Nicole Radzaj

Felicity Iredale

Amanda Phua

Kate Malone

Verena Pichler

Bianca Norkunas

Anastasia Testen

Nicole Radzaj

Isobel Feben.

SEMAS

Naomi Hicky-Humbell

Sarah Minamikawa

John Le Feuvre

FAMILY VIOLENCE PROGRAM

Ebony Minicozzi

Xing Yeh

Advance Professional Practice Students

PROFESSIONAL PRACTICE STUDENTS AT WORK

8

1973-2014. So often the dates by which we judge a life, or a period of time for any particular reason. Springvale Monash Legal Service is no different to that extent.

Yet after 41 years of providing free legal service and advice to many thousands of people, it is the dash in between the dates that represents so many significant, yet often unrecognised events, milestones and accomplishments.

The Dash is a poem by Linda Ellis. It considers the events of a life recalled at a funeral and in many ways it is analogous to a life that is still incomplete. For Springvale Monash Legal Service, that life is still very much alive, fruitful and significantly, ongoing.

Always challenging, the environment within which we have operated and continued to provide our service has continued to present ongoing challenges. Notwithstanding those challenges, we have continued to flourish and deliver all of our services to the diaspora that we serve.

While we are based in Springvale, many of our stakeholders and clients emanate from a wider geographical area and represent the rich and diverse community that we operate in and continue to serve. It is very important to highlight that we have formed part of the Springvale community since the inception of the legal service and we continue to embody the fabric of the community that we serve.

Our clients derive from almost every cultural, ethnic, religious

and socio economic group that pervades the tremendous multi cultural society within which we all live. We engage with State and Federal governments to provide our services to those most in need. Those that are most vulnerable have been able to seek assistance from SMLS and we are able to continue to provide our services because of the ongoing support and assistance that we receive from our stakeholders and partners.

We continue to engage with Victoria Legal Aid, Springvale Community Aid and Advice Bureau (SCAAB) and South Eastern Centre Against Sexual Assault (SECASA). I express our ongoing gratitude to all of our partners for their ongoing support and assistance.

Funding is always a challenge for SMLS to enable us to continue to provide the invaluable and requisite assistance that is so frequently sought by our clients. In order to provide that assistance, we are ever grateful for the ongoing funding we continue to receive from all levels of government and many other benefactors that continue to support the service. It is this assistance that enables us to continue to make a difference to peoples’ lives.

Our building continues to serve us well. But, with any such service with an inordinate increase for a finite service we continue to be challenged with our physical environment. In 2015, we will continue to see the usual high level of demand for the services that we continue to provide and we face challenges to continue to be able to provide them in our current premises. This is an ongoing and strategic challenge for the board to be able to ensure that we can continue to do so while looking to the future and considering alternative accommodation.

Students and indeed the ongoing association with Monash University Law Faculty continue to underpin our service delivery. We are extremely fortunate to participate in the ongoing professional practice program whereby students provide advice and assistance under the supervision of a practicing solicitor. The utilitarian benefit to students and clients alike cannot be understated and SMLS continues to be at the forefront of clinical education for law students engaged in the program.

Passion and determined effort are not without reward. To each of the staff and volunteers that work so assiduously each year to strive to deliver the very best that we can offer to our clients, I extend a heartfelt thank you.

To the board, I thank you for your continued efforts and commitment, which are undertaken without reward. As Linda Ellis wrote, ‘we should be proud of how we spent our dash’, as we continue to strive for justice and equality.

David StravaggiACTING CO-CHAIR

Chairperson’s Report


Helen Yandell

As this is my last report for SMLS, I want to sincerely thank the staff, Board members, volunteers, students and the many community workers, government and non government workers I have had the pleasure of working with over the years.

Highlights this year included attending two clinical legal education conferences, the first one being the National CLE and International Journal of Clinical Legal Education conference hosted by Griffith University in Brisbane. I also attended the Global Alliance for Justice Education conference in Delhi, India. At both conferences I presented sessions on developing guidelines for hosting international clinicians and students as a direct result of the work SMLS has been doing hosting clinicians from Vietnam and Laos over the past few years.

We hosted the Attorney-General Mark Dreyfus who announced new funding for SMLS and who also agreed to be the guest speaker at the Annual General Meeting in his capacity as the Shadow Attorney-General.

In conjunction with other CLCs and Victoria Legal Aid in the Southern suburbs, we have been working on a legal needs analysis for the region. As resources become tighter, an analysis of legal need is all the more important.

We hosted staff from Barwon CLC and Sunshine Coast CLC and the University of the Sunshine Coast Faculty of Law as they developed their new clinical legal education programs.

I personally supervised my last group of students, continued my involvement with the United Pasifika Council of Victoria, attended the newly expanded Psychiatric Unit at Dandenong Hospital, convened the Child Protection Working Group of the Federation of Community Legal Centres and was a member of Springvale Community Aid and Advice Bureau Board and Southern Metropolitan Region Youth Advisory Networks. I also convened the Consortium for services working with Accompanied Humanitarian Minors. Being able to be involved in the development of community agencies and to work alongside others to ensure the voices of disadvantaged community members are heard by decision makers has always been a high point of my time at SMLS.

This period also saw the resignation of the Administration Manager, Joan Thong. While it was sad to see Joan leave after many years of wonderful service to SMLS and its clients, it provided an opportunity to look at the way SMLS was managed and to investigate ways this could be improved. We undertook negotiations with Monash University Faculty of Law, to review the way the clinical program was managed at SMLS, having always been done by my position. We decided on a redevelopment of management roles that resulted in the appointment of an Executive Director of SMLS, employed by the Board of SMLS, an Academic Director employed by the

Faculty of Law and a Legal Practice Manager responsible to the ED. An Assistant to the Executive Director was also appointed. The new arrangement has taken some time to be established. I feel it will be a consolidation of the services that SMLS provides and a strengthening of the clinical legal education program.

It has been extremely satisfying working in this very diverse community, working with people who are committed to providing high quality services to clients and to provide high quality education to law students consistently over many years. I will continue my work with clinical legal education within the South East Asian region and hope that SMLS and the law faculty at Monash will do the same. Thanks to everyone at SMLS and supporters.

The Exiting Director

10

Another financial year draws to a close. This has been a year of changes. From our National Government, federal policy direction, funding and our own internal changes.

For the first half of the year I continued my role as the Legal Practice Manager before stepping into the newly created SMLS Executive Director position. It is a fantastic opportunity to have contributed from a legal practice perspective and I now look forward to leading the organisation with creativity and a healthy sense of continuity.

Some highlights for me this year included attending the International Clinical Legal Education Conference in Brisbane. It was a great opportunity to explore clinical legal education particularly when it is imparted on the backdrop of a large legal centre such as SMLS.

I completed the Fellowship in campaigning and lobbying through the Centre for Australian Progress. This has definitely broadened my skills and knowledge towards being strategic and targeted in pursuit of an objective.

I joined the Federation of Community Legal Centres Management Committee. Hopefully I bring some perspective from working in the community legal sector of two other Australian jurisdictions.

This year we established a new partnership with Youth Support & Advocacy Service (YSAS). We provide an opportunity for students to engage with a local youth service

in Dandenong whilst providing an outreach service. We are very grateful to YSAS for embracing the potential of this partnership which has supported a positive and successful commencement.

As mentioned in my last report at the start of 2013/2014 financial year we were welcoming new staff and included in that mix we also welcome Daniel Bean, our permanent Civil Litigation Solicitor and David Easteal, who has been working as a locum in our family law and child support section. Nita Nagendran took extended leave.

This has been a dynamic year in the non-clinical legal work. The civil section legal work has diversified and seen a very pro-active engagement with the private profession both in a pro bono capacity and generous reductions in fees for assistance from Barristers. Daniel and I have welcomed some excellent insights and direction from members of the Bar.

Andrea Videion has worked tirelessly to build strong referral relationships in our family law and child support section. The work has evolved and with some fine tuning we have now grown our capacity by finding a balance between offering an intensive advice session, some degree of negotiations/mediations and capacity to provide litigation support. This section has also contributed to a number of our submissions to enquiries this year.

As always our clinical program has produced some fantastic results for the clients and for the students. Many students provide feedback that is a formative learning opportunity. This year we have bedded down our employment law specialist clinical session. Margaret has grown the depth of our employment session by way of our caseload in unfair dismissal and general protections conciliations. The students have been developing our precedents including some excellent submissions that form part of our client’s claims.

In addition, Andrew has been forging our presence at the Dandenong Magistrates’ Court by way of our specialist criminal law clinical session. Students have been able to assist client’s navigating the criminal justice system including pleas prepared on the day in minor matters. There has been positive feedback from both the Court and the students. Andrew conducts an intensive induction which has been informed from the experiences that he and the students have had at the court.

Of course our general sessions are always lively and full of surprises. Korina oversees one of these sessions. She has also been managing our outreach and community engagement opportunity for the students at the Dandenong Psychiatric Unit. Korina has a great empathy and capacity when working with people who are challenged or suffering mental health issues and I know the students are guided by her interaction.

Kristen Wallwork

Executive Director & Legal Practice Manager


Unfortunately at the end of this financial year we have had to make a heavy hearted decision to discontinue our immigration program. Renuka and Mitra together with their volunteers, have provided expert advice and casework to people who have come from dire situations to find a new home in Australia. We acknowledge their commitment and compassion to their clients.

We are also waiting to hear about further funding for our duty lawyer position for the Children’s Family Violence List at the Dandenong Court and suspended this service as of June 2014.

In the second half of this year Phyllis Toparlanis commenced with us in a newly created role of Executive Assistant. This was part of the new structure at the time that the SMLS Board became responsible for the Executive Director role. This has proven a beneficial change.

Finally, I note we said farewell to two long-term members of our staff, being the Director Helen Yandell and our Administration Manager Joan Thong. We also said goodbye to long-time Board member and volunteer supervisor John O’Sullivan. Organisations are defined, thrive and achieve their purpose through the capacity and commitment of its members (including staff). These three individuals have given an incredible amount of energy to SMLS and their impact will be long felt.

The road ahead is somewhat unknown with major changes being considered at the Federal level. Whatever the changes are, we will endeavour to continue to provide diverse service delivery to our community in pursuit of their unmet legal needs.

“The only way to make sense out of change is to plunge into it, move with it, and join the dance”Alan Watts

EXECUTIVE ASSISTANT PHYLLIS TOPARLANIS

12

Mitra Pirouzgar

Renuka Senanayake

South Eastern Migration Advice Service

Unlike 2012 the majority of our clients in 2013 were applicants or sponsors of family stream such as partner, orphan relative and child visas. We lodged only a few Humanitarian visas.

To support and assist our Sri Lankan clients, SEMAS invited Simon Laski from ASRC (Asylum Seekers Resource Centre) to conduct two seminars on how to apply for a Protection visa. The first seminar was conducted for SMLS staff and the second for Tamil asylum seekers, which was attended by more than 150 Sri Lankan refugees.

In January this year the Department of Immigration and Border Protection made significant changes in their policy towards processing Irregular Maritime Arrivals (IMA) applications. Under current policy a change in priority to IMAs based on their application being processed once they have become an Australian citizen.In March 2014 the Department of Immigration and Border Protection (DIBP) made further changes to the law relating to Split Family Applications, which affected our young Unaccompanied Humanitarian Minor clients. The Department required their families to provide new information about their current situation and the degree of persecution they are facing at the host country or in their own country if they were to return to their country. With SEMAS being the main immigration service provider to Unaccompanied Minors in Victoria, we organised an information session for our UHM clients in April. They were advised what the Department required from their families and what information they needed to provide us in order to assist them in submitting new information to the Immigration

Office. With the assistance of our volunteers and students as well as the Consortium we managed to prepare 56 new submissions for our young clients in three months. This activity is one of the main reasons for the Consortium becoming one of this year’s finalists for the National Children’s Law Award.

END OF IMMIGRATION ADVICE SERVICESpringvale Monash Legal Service is no longer able to support its immigration department and our service will come to its end by 30 September 2014.

APPRECIATIONSSEMAS wishes also to acknowledge the support of Consortium and assistance extended to the program by our volunteers Dr Jeanette Shopland, Eric Brunet and Janelle Kenny as well as our APP students Sarah Minamikawa, John Le Feuvre and Jordan Lap Fan Lee.


This year I was delighted to take up the Civil Litigation Solicitor role at SMLS.

The Civil Litigation Department had its fair share of bread and butter matters throughout the year namely, motor vehicle accidents, taxi insurance issues, contractual disputes, enforcement of orders and debt matters.

The department also expanded further into the area of employment law with regular appearances at the Fair Work Commission.

The department’s work spread across most of the Victorian jurisdictions throughout the year, with matters in VCAT, the County Court, Supreme Court and predominately the Magistrates’ Court.

Challenges this year included representing a client through the appointment of a litigation guardian, complex employment law applications, franchising disputes, and acting for asylum seekers and non-English speaking migrants.

The year saw several concerning disputes involving migration agents and it highlighted the risks migrants take when placing their faith in unreliable or in some instances unauthorised agents.Motor vehicle accidents involving taxis continue to be a problematic area for many clients, confusion surrounding liability and insurance, clarity of which has not be definitively provided by the courts, make advising on such issues an arduous task.

I am grateful for the ongoing pro bono assistance that has been given to our clients from both counsel and private law firms

whom have generously provided their resources and time by working cooperatively with us on a variety of matters.

On the policy front I contributed to SMLS’s Access to Justice submission to the Productivity Commission.

I became an active member of the Federation of Community Legal Centres Civil Working Group, meeting regularly throughout the year.

Into the future, the Civil Section hopes to continue to assist clients across all areas of civil law, with an emphasis on balancing both plaintiff and defendant work. The service also seeks to achieve just and fair outcomes for our client’s, whether it be through settlement, alternative dispute resolution or running a matter at trial.

The department will continue to develop and foster pro bono partnerships with both counsel and private law firms, particularly in large plaintiff applications where clients may struggle to fund the associated court fees.

I look forward to the many challenges ahead and aiming for positive and rewarding results for our clients.

Daniel Bean

Civil Litigation

14

Family Violence has been the centre of attention this year, given some of the horrific stories that have graced the media during the 2013-2014 year. The Dandenong Magistrates’ Court has advised us that our recidivous cases have in fact dropped in percentage which is a positive outcome for the team at the court.The lists however, have continued to expand from approximately 45 cases for the day up to 65 listings on any given Thursday. As with every other year our primary role is assisting Affected Family Members, but with conflicts now becoming a major issue, it is often necessary to interchange our role with Victorian Legal Aid, to provide both parties with legal advice, referrals and representation. This proves to be a valuable experience for the students who learn to provide advice from both perspectives rather than having a one sided approach. Relationships Australia have this year provided Frank Halabi with a more permanent role, and the issues that we had faced earlier with long waiting list for respondents to attend the Men’s Behaviour Change Program have alleviated. Frank Halabi now has the ability to place the most urgent respondents into the program within two or three weeks. This streamlines the process with waiting times now to be cut significantly. Another major change at the court is that the Department of Human Services are playing a much larger role in the referrals and follows up of clients with children. Victoria Police and the Department of Human Services are working much more closely together to ensure the safety of children involved in family violence.

Ebony Muricozzi and Xing Yeh were my first semester students and although it was quite daunting for the girls in the beginning, they quickly settled into the flow of the court. As with previous years, each student is now expected to spend one session with Frank Halabi from Relationships Australia to view what the Men’s Behaviour Change program provides for respondents and if time constraints allow then the students will also sit in on a contested hearing during the semester. The students have managed their Victims of Crime Files and made the appropriate referrals to family law and criminal law if the file required this action. There was also a trip to SECASA in Frankston to view firsthand what happens at the clinic which is aligned with the Department of Human Services and SOCIT Victoria Police in the same building. Hopefully this semester we will be setting up a legal clinic at SECASA in Frankston once every two months to assist victims of sexual assault with legal advice and referrals.

Thanks once again to all the Staff at the Magistrates’ Court with a special thanks to Alan Wilkinson Registrar for the first half of the year and then Chantelle McLachlan who came on board after Alan Wilkinson took a secondment at Melbourne Magistrates’ Court. Chantelle has been fabulous as Registrar and we wish her well as she has now gone on Maternity leave for the rest of 2014. Our gratitude to Frank Halabi, who even under the worst possible scenarios manages to convince respondents that attending his course, is the best outcome for

their situation. As with other years many different Victorian police officers have worked at the court, but it is refreshing to see that even the new constables are open to a holistic approach rather than being adversarial with us. This is possible as Sergeant Mandy Weir, who has been the Family Violence Liaison Officer for the past 18 months has a fabulous view on what is necessary to make this program work. Sergeant Weir has extended her time at the unit for longer than Victoria Police allow, but unfortunately her time at the court will be up on the 24 December 2014. Sergeant Weir is currently working tirelessly to ensure the next Sergeant understands the process of the court. Acting Sergeant Glen Horman is now in prosecutions in the criminal division, but still makes himself available to us if we need assistance at the court. Alanna Cook (Public Advocate) who has also now resigned from Victoria Police to join the Department of Human Services has always been there to assist us in any way she could. Victoria Legal Aid lawyers allow negotiation and mediation to strengthen outcomes. A big thanks to them all for allowing our students to view their side of the program and for always being available to us if we require any other assistance out of court time. The court is a team effort and we at Springvale Monash Legal Service are just part of the team. Without all of the services working together this program would not be able to provide clients of the court with the much needed advice and referrals.

Janine Hill-Buxton

Family Violence Program


Since January 2014 Andrea has been greatly assisted by David Easteal three days per week in our family law and child support programme as Nita has been on extended leave. In the last year we have more than doubled our casework and between 1 July 2013 and 30 July 2014 had just over 80 cases. There has been an increase in litigation although most matters settle by consent. We have one complex parenting matter where the client has a grant of assistance from Legal Aid due to parental alienation and persistent breaches of current parenting orders by the other party.

Whilst a relatively small program; Nita, David and Andrea have more than doubled the number of advices given to parents for ‘one on one’ sessions regarding family law and child support matters. Between 1 July 2013 and 30 July 2014 we gave 94 advices in ‘one on one’ sessions. These sessions usually last about one hour and are tailored to meet the client’s specific needs regarding their parenting issues.

We have been strengthening our relationship with Berwick Family Relationship Centre over the last year. We take direct referrals and ongoing casework if clients meet the guideline criteria. This is a beneficial relationship as ‘cross referrals’ between our organisations means a client has a range of needs met including family law advice, options for mediation, referral for specialist programmes, counselling and post-separation parenting assistance. Andrea has also conducted two CLE sessions at the centre on child support and parenting orders by consent.

Andrea undertook training in family violence with the Women’s Legal Service over 4 weeks in November 2013. This was a ‘workshop intensive’ programme once a week for one day either working in groups or with people at the frontline of family violence such as magistrates, police civil advocates and support workers. The training was invaluable particularly regarding the connection between family violence and family law orders or parenting plans on a duty lawyer day at the Magistrates Court. For example a duty lawyer may be required to make an application to vary or revoke an existing family law order when a client and their children are named as a protected persons on an Intervention Order (IVO). If the IVO contains an exception that the respondent can come into contact with the protected person when there is a current family law order the court has the power to vary the family law order if the protected persons are at risk. Sadly we see many clients in advice sessions with IVO’s against the other parent when they first contact us for family law and/or child support advice.

Andrea recently attended the Institute of Family Studies Conference. The Institute of Family Studies was established when the Family Law Act 1975 was enacted. Its main role is to undertake research and the conference included break out sessions relevant to family dispute practitioners, lawyers and others working with families. One session dealt with the role

of the Independent Children’s Lawyer (ICL) and how the ICL’s role is valued by judges, particularly when allegations of violence and abuse are raised in the proceedings. In litigation, they are viewed as the “honest broker” in case management and settlement negotiations. Currently two of our litigated family law matters have ICL’s appointed. This has been beneficial on the hearing days regarding negotiating outcomes for interim orders.

Family Law & Child Support Program

Andrea Videion

Submissions

We made two submissions in the last year to

Commonwealth parliamentary inquiries. This is an

opportunity for SMLS to respond from a policy and

a practical perspective, citing anecdotal evidence

relevant to the terms of reference for the inquiry. The

submissions were:

1. House of Representatives Parliamentary Inquiry into

the Child Support Programme regarding effectiveness of the scheme and collection of payments. SMLS was

invited to make an oral submission at a public hearing

on 21 August 2014; and

2. Senate (Finance and Public Administration

References Committee) on the impact of domestic

violence and contributing factors. There are no public

hearings for this inquiry.

16

Another financial year draws to a close and unfortunately, the SMLS/SECASA has had its busiest year since it was conceived in 1995. I say “unfortunately” not because we are scared of hard work but, wouldn’t it be nice to live in a world where sexual abuse doesn’t occur? Particularly sexual abuse of children.

There could not have been more press about childhood sexual assault than there has been in the last twelve months. With the Jimmy Saville and Rolf Harris cases being so public, it is rare that the paper does not feature some article on the topic. Further, the Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Institutions concluded since I last reported and, the Royal Commission into Institutional Responses to Child Sexual Abuse is ongoing which means childhood sexual abuse remains topical. I can only hope that this increased public awareness translates into a reduction in the incidence of abuse. I live in hope that sexual abuse prevention measures will one day do me out of a job!

We presently have approximately 140 active files and 25 staff members. It is envisaged that, the supervision of all of this can be crammed into a mere 13 hour-a-week “session” which is, of course, unrealistic. To do the matters justice, some weeks require much more time than this.

Last trimester, I had three APP students - Nicole Radzaj, Bianca Norkunas and Anastasia Testen, all of whom were fantastic students. Nicole and Anastasia have stayed on as volunteers and Bianca would have loved to but she is now

in Lyon, France working as an Au Pair for twelve months. She has vowed to return to the clinic when she again hits Australian soil.

I recently had to farewell a dedicated volunteer - Sebastian O’Meara. Seb came to the clinic two years ago when I was desperately short of volunteers and worked tirelessly for his clients. He did some wonderful work on a case where a 14 year old girl was indecently assaulted by her paternal uncle. We ran property searches and found that the offender, who had been convicted of a number of offences in relation to the assaults, owned real estate. With the assistance of the Office of Public Prosecutions (OPP), the property was restrained which gave us the impetus to bring an application under section 85B of the Sentencing Act to obtain an order for the offender to pay compensation to our client. The order ultimately made was a generous one and a significant sum was paid into the Supreme Court Master’s fund to be administered (whilst accruing interest) until our client attains 18 years of age. I am looking to expand our practice when it comes to Sentencing Act applications. Recent property searches have shown that we have a number of matters where the offenders own real estate. Should these offenders be convicted, we intend to work with the OPP to restrain the properties and obtain “Sentencing Act” orders for the offenders to pay significant compensation. Personally, I find it rewarding when we can hold offenders financially accountable for their actions rather than the State (via the Victims of Crime Assistance Tribunal (VOCAT)).

I am also always examining cases for common law potential, either under the tort of assault or, in the case of institutional abuse, the tort of negligence. Given that a number of recommendations arising out of the Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Institutions will come into effect, I feel this will be a real growth area. I am looking forward to maximising our clients’ entitlements by pursuing common law claims whenever a viable opportunity arises.

VOCAT claims remain the staple work of the clinic. However, with the cultural and legal shift that is taking place in Victoria, I expect that the clinic’s work will become more diverse in years to come and I am excited that we may expand our legal repertoire to represent this deserving category of client better than we ever have.

Meghan Butterfield

SMLS/SECASA Joint Legal Clinic


My name is Dilsha Jayasekara and I have been the Project Worker for the Making Rights Reality Pilot Project since April 2013. My work has been supervised by Meghan Butterfield, the Supervising Solicitor of the South Eastern Centre Against Sexual Assault/Springvale Monash Legal Service Joint Legal Clinic.

BACKGROUND ON MAKING RIGHTS REALITY PILOT PROJECTThis Project’s initiation was influenced by research that found that people with disabilities were at a greater risk of being victims of abuse than the general population. This finding was exemplified where people with cognitive impairments were concerned. The Making Rights Reality Pilot Project (MRR) was part of a wider range of work conducted in order to address the disadvantages faced by people with a cognitive impairment who have been subject to sexual abuse. MRR aimed to increase advocacy for cognitively impaired victims of sexual assault by providing opportunities for these victims to access the services they required to recover and seek legal redress. The three main organisations involved with MRR were the South Eastern Centre Against Sexual Assault (SECASA), Springvale Monash Legal Service (SMLS) and the Federation of Community Legal Services (FCLC). SECASA’s work involved providing counselling and advocacy services, project promotion and referrals to other services (such as SMLS). FCLC’s work involved providing funding, project promotion and organising for evaluations to take place. SMLS’s work involved project promotion and providing legal services to victims. In particular, SMLS was involved in assisting victims in making applications for compensation to the Victims of Crime Assistance Tribunal.

SPRINGVALE MONASH LEGAL SERVICE’S INVOLVEMENT My work comprised mostly of assisting clients in making applications for

compensation to the Victims of Crime Assistance Tribunal. This entailed meeting with the client, taking instructions and providing advice on the process and their likelihood of a successful outcome. It also involved working with the client throughout the process to keep them informed and liaising with relevant professionals such as court staff, police and psychologists. I also worked closely with the Project Worker at SECASA in aiming to increase the number of cognitively impaired victims that were referred to Springvale Monash Legal Service and advised of their legal entitlements. I also provided assistance to Patsie Frawley with her research on this area and the MRR Pilot Project. Patsie Frawley has prepared a report based on her evaluation of the MRR Pilot Project.

In total, SMLS has seen 10 clients as part of this Project. Out of these 10 clients, we have had four clients whose matters have been successfully heard at the Victims of Crime Assistance Tribunal.

SUCCESSESWe believe that the Pilot Project has been a success. From a quantitative perspective we have seen 10 clients in two years. This is far more than we would have seen if the Pilot Project had not been initiated. From a qualitative perspective the benefits are even clearer. Many of our clients were hesitant about going through the process initially. They believed that it would be too emotionally taxing and felt that the benefits they may receive would not outweigh the costs to their mental health and the disruption to their lives they would have to endure. However, following the decision by the Victims of Crime Assistance Tribunal, all clients were very glad they persevered. Especially where the criminal matter was not investigated by police due to lack of evidence or where the criminal proceedings were not satisfactorily dealt with according to the client, having the opportunity to attend a hearing where their story was heard was very beneficial. It allowed them to feel involved as the Magistrate often speaks

directly to the client, and the Awards were mostly generous.

CHALLENGESThe main challenge we faced was encouraging clients to proceed with the VOCAT process. The typical process can take a number of months, especially where the criminal proceedings have not yet been finalised. Further, VOCAT requires a psychological assessment (by an independent psychologist) in addition to any psychological assessments conducted by counsellors/advocates at SECASA. For some clients, the thought of having to speak to another person about the trauma they had experienced was an understandably frightening experience that they believed would reverse their progress to date rather than assist them in the recovery process.

FUTURE OF THE PROJECTThe Pilot Project came to its completion on 30 June 2014. However, after numerous discussions, SMLS has decided to continue with MRR whilst funding is available. We believe the Project has positively benefited cognitively impaired victims of sexual assault as we have seen more victims come to SMLS seeking legal redress for the crimes committed against them. We believe that this process is empowering as it allows the victim to have an opportunity to share their story and feel less like a victim and more like a survivor. Further, the financial assistance they receive from the Tribunal is often very significant as many of our clients are economically disadvantaged.

I have found my involvement with the Making Rights Reality Pilot Project to be a very rewarding experience. It has allowed me to gain a better understanding of the issues faced by people with cognitive impairments and has given me an opportunity to positively contribute to empowering people who have been victims of discrimination and abuse.

Making Rights a Reality Project

Dilsha Jayasekara

18

SMLS has seen an increase in the number of clients who come to seek legal advice at the night service during the year. To meet demand we have increased the number of caseworkers. On average we have 90 volunteers on roster, with each of them committing 2-3 hours a fortnight to the volunteer program.

Since the start of the year we have trialled a system where we have one caseworker to see one client per session. This change was made based upon taking into account volunteers’ other commitments outside of SMLS. Since then we have improved the retention rate of volunteers as well as reduced waiting time for clients who may otherwise have to wait for a caseworker to finish with their first client. On the other hand, this change also creates the problem of oversupply. There are nights when we have more caseworkers present than clients. However considering the improvement, this change is worth continuing. From time to time we make exceptions to the rule if there are clients whose matters cannot wait for another date.

Following feedback from volunteer supervisors we continue to develop communication processes and procedures. It was recommended that supervisor volunteers be better informed of relevant changes to the service such as processes and procedures by way of emails or memorandums. This change has since been put in place.

Recruitment of supervisor volunteers as well as casework and reception volunteers has been made easier since we have Mailchimp. Mailchimp is an online service which has a variety of functions including

email composing and online registry of volunteer waiting list. Once a volunteer applicant has registered their interest on our online waiting list, we get a notification of that applicant’s email address and their credentials. Based on the information gathered, we begin a recruitment process when necessary.

This year has seen the resignation of a few long-serving supervisor volunteers. They are Annette Murray, Simon Varszeghy and John O’Sullivan who were with us for 3, 5 and over 15 years respectively. They all made invaluable contributions to the service as well as the community.

An event was held at Bluestone Restaurant Bar on 16 May 2014 to thank volunteers for their contribution to SMLS and the community throughout the year.

Many thanks to each and every volunteer for their ongoing support for the volunteer program.

Trang Nguyen

Volunteer Program


When people think about ‘Admin’ at Springvale Monash Legal Service, various images invariably spring to mind. Neat piles of beautiful, efficiently typed letters awaiting collection by clinical legal supervisors; row upon row of gleaming, lovingly hoarded stationary; the soothing whirl of the photocopier and the muted sound of dedicated fingertips flying over computer keyboards. These things are all important parts of the daily work performed by the Admin team at SMLS, and absolutely crucial to the smooth and successful operation of the legal service. Staff, students and volunteers need to be able to log on to a computer, access the internet, send and receive emails, use CLSIS, print and scan documents, be added onto the internal telephone system (all phones are updated for every staff or office change), have their details placed on various contact lists and be issued an access card or fob to enable access to the office. Admin staff make this happen. They are also the ‘go to’ people whenever any of the above equipment, or the people attempting to operate it, temporarily malfunction.

Prior to and during the two weeks of each of the three Clinical Period Changeovers every year, there is a brief but sustained burst of activity by Admin staff, to ensure that all of the above is in place for the incoming group of ‘Prof Prac’ students. Pigeon holes and client file drawers are re-labelled to show both the new and outgoing students’ names. Access cards are assiduously collected and re-assigned, and each student has his or her photograph taken, to be displayed on posters on the walls in session groups, with their session supervisor. These photos are invaluable as memory aids and help us to recognize and get to know each new batch of students as they arrive.

As for other tasks, Cheryline continues to be actively involved in the South East Legal Needs Project and Di as part of a new grants and submission subcommittee.

But we also do: training /helping students (eg, introductory training at the beginning of each clinical period and then refresher training midway thru the clinical period), liaise with clients (especially in situations where reception asks for help with disgruntled clients, defuse potential issues and manage client expectations).

We oversee the Year 10 work experience students. We place each student with as many different parts of the service in order to give them meaningful experience with as many different aspects as possible without interfering with the provision of confidential legal advice.

This year Sabrina Lim, our long term volunteer, was able to join our employed staff members.

Natalie Simpkin continued to volunteer for us as she has done for the last 18 months. Natalie was joined by Suba Ranjanan. They offer a valuable contribution and we are truly grateful.

Administration

Cheryline Arcena-O’Brien

Diane Roberts

Sabrina Lim

20

Community Development & Law Reform

Kei Judd

Gillian Davy

Over the past year Kei Judd and Gillian Davy have worked together on SMLS’s Community Development activities. This year we have continued to engage with and strengthen our relationships with communities and service providers as well as forging new working relationships.

It has been a busy year as we developed and delivered over fifty community legal education sessions on a range of topics to a variety of groups and service providers. We have responded to requests to deliver workshops ranging from a general introduction to Australian law for newly arrived community members, to more detailed sessions such as consumer law, driving, credit and debt, police powers and employment law. We are also pleased to be able to work with AMES and the Southern Ethnic Advisory and Advocacy Council to deliver legal information workshops on a regular basis every term.

Monash University law students worked with us to facilitate legal information sessions as part of their community engagement component of the Professional Practice unit. A professional development workshop on Duty of Care for youth workers was delivered as part of the Youth Sector Training Calendar organised jointly by the City of Greater Dandenong, City of Casey and Cardinia Shire Council. Additionally a workshop on Family Violence and the Law was delivered for workers and volunteers at the Cambodian Association of Victoria.

Kei presented the Monash Multicultural Settlement Network’s New and Emerging Communities event, and several students assisted with manning the stall and engaging

with over 180 community members who attended the event. We participated in City of Greater Dandenong Youth Services’ event Race Around the Community again this year, which saw close to 200 high school students participate. As part of the challenge to complete the Race, young people role-played solutions to common legal problems they experience with PSOs at train stations.

Gill presented at Changing Trax, a youth justice forum held by SELLEN to address the dissonance between the media-fuelled, negative public perception of youth crime in comparison to statistics. The introduction of legislation which disproportionately impacts young people and the continuing issues in the South Eastern region with problematic policing was also addressed. Kei developed and delivered a workshop on Cyber Bullying and was a guest facilitator for a group consultation at the SpeakOUT Youth Summit organised by the City of Greater Dandenong Youth Services. The research results of the consultation session was incorporated in the City of Greater Dandenong’s bi-annual Youth Needs Analysis.

A number of projects were started towards the end of the year, including a Police Harm Minimisation Project working with young people engaged with YSAS, a peer-education project for local leaders and the development of postcards advertising SMLS in a variety of community languages. SMLS also contributed to Victoria Police’s Community Consultation on police racial profiling.

We are looking forward to another year continuing our work with the wider community.


Case Studies

Peter* was employed as a full-time permanent cleaner. He was dismissed for not using the authorised staff room on various occasions. Peter had sound reasons for his behaviour. Peter would argue that whilst his behaviour was against company policy it was not serious misconduct necessitating instant dismissal. A warning was more appropriate in the circumstances.

SMLS prepared and filed the Unfair Dismissal claim with FWC. SMLS also represented Peter at the conciliation at FWC with the assistance of an onsite interpreter.

The outcome of the conciliation was that our client was awarded 6 weeks compensation. This amounted to a total compensation of $5384 gross and a net amount of $3688. Peter sought reinstatement as the employer operated other sites. But the employer was not agreeable. However, Peter received a statement of service which would assist him in finding other employment.

Without the assistance of SMLS it is likely that Peter would not have lodged an Unfair Dismissal claim given the complex nature of employment law and the high costs of private lawyers. There are limited legal aid assistance services that provide representation at conciliation conferences. The compensation allowed a buffer period in which Peter could seek alternative employment and manage day to day living expenses.* Pseudonym

Our client father had not seen his children since he and the mother separated. The father attempted to negotiate time without success.

We assisted by attempting to negotiate with the mother and subsequently her lawyer. As this was unsuccessful the father commenced proceedings in the Federal Circuit Court. The court ordered time for the father in the interim which increased by consent before the second hearing.

We negotiated with the mother’s lawyer for additional time resulting in final orders by consent.

Case Study 1 - Family Law Case Study 2 - Employment Law

22

I have always had the incredibly bad habit of signing up for things without reading the fine print. So when I chose to take part in the ‘criminal court program’ during my professional practice elective at Springvale Monash Legal Service (SMLS), I just assumed that this meant weekly mock trials in a courtroom with other students. Had I known then that within weeks I would be acting on behalf of real clients before a Magistrate, I would never put my name down. Not in a million years. Yet as it turns out, joining the criminal court program was the best mistake I ever made.

The criminal court program involved a weekly session at the Dandenong Magistrates’ Court. As a team of four students known collectively as the ‘crim group’, we each interviewed clients facing criminal charges, and where appropriate, entered pleas in mitigation on their behalf. At first, this was an incredibly daunting procedure. I distinctly remember feeling something akin to abject terror when I realised what I was actually in for. The very idea of speaking before a Magistrate shook me to the core. “What if I freeze up”? “What if His or Her Honour asks a question to which I don’t know the answer”? All of these questions whizzed around my head as I tried to comprehend the gravity of what we were doing. Four long years of law at university and I had never tried anything like this before.

I was able to come to terms with my fate when I realised the incredible support networks that were in place. The Court staff were extremely friendly and eased our transition into the dynamic legal environment. Our supervisor and mentor guided us through the performance of our duties, which varied depending on the demands of the day. We honed our negotiation skills in the Case Conferencing Room and we liaised with police prosecutors and legal professionals. We applied for adjournments in Court and over the counter as we navigated our way through convoluted Summary and Crimes Act provisions. At the end of the day it was all about the clients. We

took their instructions with care and made sure they were aware of all of their options. Where the matter was more complicated, or the client requested more time, we would adjourn in order to perform ongoing casework on their file back at SMLS.

One of my favourite aspects of the program was drafting on-the-spot pleas in mitigation. We would workshop our pleas in close quarters with one another, and engage in a rapid-fire ideas session where the ‘theme’ of the plea would eventually break through. The finished product was always a considered, nuanced approach to each client, and more often than not we received excellent feedback from the Magistrates. Through the encouragement of my supervisor and peers I learned to discard my initial ‘stick to the script’ approach, and eventually I gained the courage to adopt a more relaxed, conversational style in Court.

Without doubt, we each felt a buzz about coming to Court each week. The pace was fast, and amid the flurry of paperwork, interviews and in-court appearances there was a real sense of pride in what we were doing. As student advocates we acted as a mouthpiece for individuals of different backgrounds, circumstances and experiences, often with the most amazing stories to tell. Many of these individuals felt powerless amid the stress and severity of the court environment, and it was therefore hugely rewarding to use the skills we had gained in our degrees so far to help them through this process.

As a law student it is easy to get mired in legal theory, whilst forgetting that the most important aspect of the law is how it affects people’s everyday lives. In all my years of study there has not been a more valuable use of my time than actually sitting down and talking with someone, before figuring out just how to put their case forward in Court. It was truly a privilege to take part in the daily machinations of the criminal justice system, and it made me realise that there may just be a career in law for me after all.

Student’s Perspectives

Natasha Griffiths


I recently undertook the Professional Practice unit at SMLS as a student in the employment law session. I had the invaluable experience of handling ongoing cases and providing preliminary advice in employment law appointments.

Professional Practice allowed me to apply the legal skills that I have developed throughout my degree. I also began to understand that whilst legal finesse is vitally important in practising law, interpersonal skills are equally important. The clients who I engaged with came from a wide variety of socioeconomic and cultural backgrounds. Effective communication with clients and supervisors was essential for clarifying legal issues and resolving matters in a timely manner.

My confidence grew throughout the clinical period as I became familiar with handling matters, contacting other parties and writing letters. My interviewing technique also improved markedly as my analytical skills developed. As I became more experienced, I began to anticipate which questions should be asked in particular situations. This resulted in more efficient interviews.

As a member of the employment law team, I specialised in unfair dismissal. I filed applications with the Fair Work Commission and briefed the representative solicitors for the conciliation conferences. Participating in these processes gave me an appreciation of the complexity and technicality of employment law, and instilled a desire within me to pursue employment law as a possible career path.

Other highlights include representing a client at the Federal Circuit Court for a divorce hearing and briefing a barrister at the Dandenong Magistrates’ Court. This diverse range of experiences allowed me to glimpse into the practise of different areas of law and evaluate which area I would enjoy specialising in.

In retrospect, I found that the best part of my experience was the journey. My proudest moment occurred in the week before changeover. I found myself discussing the strengths and weaknesses of different approaches with my supervisor for a client whose employment had recently been terminated. I realised how much I had grown and developed over the 21 weeks. Professional Practice has been the best aspect of my law degree and I believe that everyone would benefit from taking this unit.

Jonathan Chan

24

Collaborative Relationships

SPRINGVALE COMMUNITY AID AND ADVICE BUREAU AND YOUTHLINKSStaff at SMLS and SCAAB work collectively on internal management, building projects as well as client related advice services and community development. The partnership has existed for 40 years and offers a complex range of services to the community.

Clinical legal education students and supervisors continue to visit Youthlinks in Noble Park each week to assist young people with legal problems, provide information about the law and legal process and get involved in activities with the young people.

YOUTH SUPPORT AND ADVOCACY SERVICESMLS is collaborating with YSAS in Dandenong to provide outreach services to young people in the Dandenong catchment. This is also an opportunity for students of our professional practice program to engage with allied community services and their client’s in the broader community.

WORKING WITH UNACCOMPANIED HUMANITARIAN MINORS (UHMS)As detailed in the SEMAS report the Consortium continued to undertake extremely important collaborative work with this cohort of young people.

UNITED PASIFIKA COUNCIL OF VICTORIASMLS continued its involvement with this peak body to assist with governance issues as this new body develops and expands its activities to support people from Pacific backgrounds in the community.

DANDENONG HOSPITAL PSYCHIATRIC UNITSMLS lawyers and law students have been attending the youth unit, Unit 2 weekly. On the spot advice and assistance has been offered and in some situations, detailed case work support has been provided on a range of legal issues, including family law and family violence, consumer disputes, tenancy, centrelink, debt matters and criminal proceedings.

FLEMINGTON KENSINGTON COMMUNITY LEGAL CENTRESMLS continues a strong partnership relationship with FlemKen working in the racial profiling space. This has included support towards promoting the Victorian Police racial profiling inquiry and the subsequent recommendations.


Legal Practice Manual

July 2013

Ch 7.1 “Applications to the VCAT” updated

Ch 9.1 “Incorporation of community groups” updated

August 2013

Ch 1.7 “Acting for the accused charged with drug offences” updated

Ch 5.2 “Consumer credit disputes” updated

Ch 8.2 “Guardianship, administration and substitute decision-making” updated

Ch 13.1 “Drafting a Will” updated

September 2013

Ch 1.1 “The role of a lawyer at a police station” updated

Ch 1.6 “Driving offences” updatedCh 2.2 “Maintenance applications” updated

Ch 4.3 “Conveyancing” updated

Ch 11.2 “Using the FOI Act (Vic)” updated

Ch 13.2 “Applications for Grants of Representation for Probate and Letters of Administration” updated

October 2013

Ch 11.1 “Using the FOI Act (Cth)”rewritten and updated

Ch 13.3 “Administration of estates” updated

November 2013

Ch 1.4 “Appearances at short notice” updated

Ch 2.8 “Family violence” updatedCh 3.5 “Claims under WorkCover” updated

Ch 10.1 “Legal aid in Victoria” updated

December 2013

Ch 2.1 “Application for divorce” updated

Ch 3.4 “Bankruptcy and other proceedings under the Bankruptcy Act — acting for the non-business debtor” updated

Ch 14.2 “Applications for refugee status” updated

January 2014

Ch D “Costs, complaints and discipline” updated

Ch 3.6 “Personal injuries actions under the Wrongs Act” updated

Ch 7.3 “Applications to the AAT for review of social security or family assistance decisions” updated

Ch 11.3 New Chapter “Using the Privacy Act (Cth)” inserted

March 2014

Ch 1.11 “Applications under the Victims of Crime Assistance Act” updated

Ch 2.5 “Property applications under the Family Law Act” updated

Ch 4.1 “Residential tenancies and other housing arrangements” updated

Ch 14.1 “Immigration law” updated

May 2014

Ch 2.4 “Child support” updated

Ch 6.1 “Criminal prosecutions of children” updated

Ch 6.2 “Protection proceedings in the Children’s Court” updated

Ch 7.2 “Appeals to the SSAT” updated

Ch 7.5 “Debt recovery by Centrelink and the Family Assistance Office” updated

Ch 16.1 “Commonwealth workers’ compensation” updated

June 2014

Ch 2.9 “Alternatives following separation” updated

Ch 3.8 “Claims under the Transport Accident Act” updated

Ch 13.4 “Wills litigation” updated

The LPM has brought in significant income to SMLS over the past 12 months with 35 new or updated chapters being written by the band of volunteer contributors and commentators.

Thanks again to all those who contribute, on the editorial committee, the writers and the commentators and of course to Sandra McCullough who keeps us all moving along.

Chapters Updated/Inserted

26

ADVICELINE INJURY LAWYERS LAUNCH

LAW WEEK 2014


SMLS Statistics1 July 2013 to 30 June 2014

• TOTAL NUMBER OF CLIENTS

4723

• TOTAL NUMBER OF LEGAL ADVICES PROVIDED

3563

• TOTAL CASES OPENED DURING THE PERIOD (OPEN & NEW)

2769

• TOTAL CASES CLOSED DURING THE PERIOD

1396

• COMMUNITY LEGAL EDUCATION (PROJECTS COMPLETED)

53

• LAW REFORM (PROJECTS COMPLETED)

9

44%

11%

11%

10%

7%

6%

6% 5%

CORE SERVICE ACTIVITIES 2013-2014 2013-2014 INDICATION OF REFERRALS FROM

Self/friend/relative/neighbour

Legal Aid Commission

Other

Community Legal service Other

Health/community services department

Community support Other

State/Territory courts

Health (eg doctor, nurse, paramedic, alcohol and drug counsellor etc)

28

50% 50%

2013-2014 SMLS CLIENTS BY GENDER

Female

Male

30.34%

19.59%

5.33%

5.52%

5.42%

11.01%

0 0.05 0.1 0.15 0.2 0.25 0.3 0.35

Family Law, Divorce, Child Support, Family & Domestic Violence

MVA, Road Traffic Offences

Civil

Wills & POA

Credit/Debt

Employment Matters

INDICATION OF FREQUENT LEGAL MATTERS IN 2013-2014


» The Dean and staff of Law Faculty Monash University for ongoing commitment to Clinical Programs which assist marginalised members of the community.

» Staff and Committees of Management of our partner organisations at 5 Osborne Avenue, Springvale: Springvale Community Aid and Advice Bureau (SCAAB); Springvale Neighbourhood House (SNH); and Springvale Learning and Activities Centre (SLAC).

» Management and staff of the City of Greater Dandenong for their support, advice and service in attending to SMLS’s requests.

» Priscilla Jamieson of RILC, May Farah of New Hope Foundation, Eric Brunet, Shirley Excell, Solina Sam, Cathy Symes, Magda Ziadeh and Dr Jeanette Shopland for their assistance in our SEMAS Program.

» Magistrate Peter Power, Loy Kop, and staff from the Sheriff’s Office for assisting in the Professional Practice seminar program.

» The Victorian legal fraternity who provide ongoing support through supervision of law students in their student appearances. This valuable part of our clinical program could not operate without this support.

» Magistrates of Dandenong Magistrates’ Court, Senior Registrar Mark McCutchan, and staff for their assistance in running advocacy workshops for students each clinical period.

» Staff of the Federation of Community Legal Centres for support and assistance.

» Partners and staff of the following law firms for their ongoing support:

- Holding Redlich and Advice Line Lawyers - Herbert Smith Freehills - Maurice Blackburn

» Jobwatch and Vicbar for the pro bono Counsel assistance. » All SMLS volunteers for their endless enthusiasm and energy in assisting with the Volunteer Program and casework.

» Abigail Sullivan, Womens Legal Service Victoria » Womens Legal Service Queensland » Geoffrey Gunn, Queensland Barrister » Joel Townsend, Victoria Legal Aid » Simon Leske and James Wardlaw, Asylum Seeker Resource Centre

» Emma Dunlevie and Sophie McNamara, Russell Kennedy Lawyers

» Karen Anderson, Clothier Anderson Associates » Multicultural Women’s Friendship Network » Southern Ethnic Advisory and Advocacy Council » AMES » Southern Migrant & Refugee Centre » The following Barristers:

- Cilla Brookes - Victoria Campbell - Effie Lagos - Duncun Robertson - Peter Schumpeter - Richard Stokes-Hore - Philip Teo - Sam Tovey - Cam Truong

» Denis Nelthorpe, Footscray Community Legal Centre » Janet Matthew » Richard Shillings » Kate Ballard » Nicky Mollard » Cameron Gould » Jenny Gibbons » Stewart Hyde » Joan Callahan » Garret Teters, Youthlinks

Acknowledgements

30

NOTES TO THE FINANCIAL STATEMENTSFOR THE YEAR ENDED 30 JUNE 2014

Note 1: Statement of Significant Accounting PoliciesThe financial report is a general purpose financial report that has been prepared in accordance with Accounting Standards and other authoritative pronouncements of the Australian Accounting Standards Board and the requirements of the Associations Incorporation reform Act 2012.

The financial report covers Springvale Monash Legal Service Inc as an individual entity. Springvale Monash Legal Service Inc is an association incorporated in Victoria.

The financial report of Springvale Monash Legal Service Inc comply with all Australian equivalents to International Financial Reporting Standards (IFRS) in their entirety

The following is a summary of the material accounting policies adopted by the economic entity in the preparation of the financial report. The accounting policies have been consistently applied, unless otherwise stated.

(a) Basis of PreparationThe financial report has been prepared on an accruals basis and is based on historical costs modified by the revaluation of selected non-current assets, and financial assets and financial liabilities for which the fair value basis of accounting has been applied.

(b) Accounting PoliciesDonationsThe Agency is a non-profit organisation and receives donations which, by their nature, can only be recognised and recorded as received.

Property, Plant and EquipmentEach class of property, plant and equipment is carried at cost or fair value less, where applicable, any accumulated depreciation and impairment losses.

a) Plant and equipmentPlant and equipment is measured on the cost basis less depreciation and impairment losses.

The carrying amount of plant and equipment is reviewed annually to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows that will be received from the assets employment and subsequent disposal. The expected net cash flows have not been discounted to present values in determining the recoverable amounts.

b) DepreciationThe depreciable amount of all fixed assets is depreciated on a prime cost or diminishing value basis over their useful lives to Springvale Monash Legal Service Inc commencing from the time the asset is held ready for use.

The depreciation rates used for each class of depreciable asset are:

Class of Asset Depreciation Rate %Office Furniture 10%Office Equipment 20%Computer Systems 40%

The assets residual values and useful lives are reviewed, and adjusted if appropriate, at each balance sheet date.

An assets carrying amount is written down immediately to its recoverable amount if the asset’s carrying amount is greater than its estimated recoverable amount.

Gains and losses on disposal are determined by comparing proceeds with the carrying amount. These gains or losses are included in the income statement. When revalued assets are sold, amounts included in the revaluation reserve relating to that asset are transferred to retained earnings.

Impairment of AssetsAt each reporting date, the carrying values of its tangible assets are reviewed to determine whether there is any

Annette Di Battista

Finances


indication that those assets have been impaired. If such an indication exists, the recoverable amount of the asset, being the higher of the assets fair value less costs to sell and value in use, is compared to the asset’s carrying value. Any excess of the assets carrying value over its recoverable amount is expensed to the income statement.

Employee BenefitsProvision is made for the liability for employee entitlements arising from services rendered by employees to balance date. Employee entitlements expected to be settled within one year have been measured at the amount expected to be paid when the liability is settled, plus related on-costs. Employee entitlements payable later than one year have been measured at the present value of the estimated future cash out flows to be made for those entitlements.

ProvisionsProvision are recognised when Springvale Monash Legal Service Inc has a legal or constructive obligation, as a result of past events, for which it is probable that the outflow of economic benefit will result and that the outflow can be measured reliably.

Cash and Cash EquivalentsCash and Cash Equivalents includes cash on hand, deposits held at call with banks or financial institutions, other short term highly liquid investments with original maturities of three months or less, and bank overdrafts. Bank overdrafts are shown within short term borrowings in current liabilities on the balance sheet.

RevenueRevenue from the sale of goods is recognised upon the delivery of goods to customers.Interest revenue is recognised on a proportional basis taking in to account the interest rates applicable to the financial assets.All revenue is stated net of the amount of goods and services tax (GST).

SPRINGVALE MONASH LEGAL SERVICE INC. GRATEFULLY ACKNOWLEDGES THE FOLLOWING ORGANISATIONS FOR THEIR FUNDING DURING 2013-2014

Commonwealth Government $Generalist 109,928Child Support 119,600Civil Litigation 87,388Equal Remuneration Order 12,945Extra Funds 100,000

State GovernmentGeneralist 170,440Child Support 7,440Civil Litigation 5,412Family Violence 23,864Family Violence Duty Lawyer for Children 24,000Equal Remuneration Order 21,942

Monash University Law FacultyClinical Legal Education Program 394,178Monash University Law Foundation Trust 16,561Additional In Kind Financial Support

City of Greater Dandenong(Provided premises, including maintenance and security)

Federation of Community Legal Centres IncMaking Rights a Reality Project 13,293

Springvale Community Aid & Advice BureauAfghan Immigration Advice Project 15,000Socialist Immigration Project 79,900

32

Regulation 15

FORM 1

Associations Incorporation Reform Act 2012 Sections 94(2)(b), 97(2)(b) and 100(2)(b)

Annual statements give true and fair view of financial position of incorporated association

We, JARED ROBERT HEATH and ANNA HALL

being members of the Committee of the SPRINGVALE MONASH LEGAL SERVICE INC, certify that – The statements attached to this certificate give a true and fair view of the financial position of the SPRINGVALE MONASH LEGAL SERVICE INC during and at the end of the financial year of the association ending on 30 June 2014. Signed: ____________________________ Jared Robert Heath Dated: ____________________________ Signed: ____________________________ Anna Hall Dated: ____________________________

15/09/2014

15/09/2014


Springvale Monash Legal Service Inc.Statement of Financial Performancefor the year ended 30 June 2014

Jul 2013 - Jun 2014 Jul 2012 - Jun 2013Ordinary Income/Expense

IncomeCommunity Leg Serv Proj Funding 682,960.00 537,325.35Fundraising/Donations 0.00 797.31Interest Received 31,179.92 37,476.41LPM Royalties 44,367.03 55,354.90Other Grants 518,123.05 475,348.27SMLS/SECASA Costs Recovered 39,891.41 59,646.42Sundry Income 0.00 0.00

Total Income 1,316,521.41 1,165,948.66

ExpenseCapital Equip - Losses on Disposal 0.00 111.02Client Disbursements 686.51 313.17Communications 14,596.93 13,263.84Depreciation Charge 11,274.51 13,350.04Editorial Work 47,549.05 46,449.52LPM Donation to S Campbell Fellowship 5,000.00 0.00Finance and Accounting Fees 31,580.40 31,764.55Insurance 3,295.65 2,753.34Interpreters 259.00 89.00Library Resources Subscriptions 16,170.05 15,171.48Minor Equipment Purchase 674.46 4,153.24Office Overheads 66,050.51 27,182.03Other Premises Costs 43,244.99 87,225.01Programming & Planning 338.64 1,692.38Repairs and Maintenance 355.46 441.91Staff Recruitment 1,627.27 504.55Staff Training 9,946.41 15,563.94Staffing Costs 998,103.22 826,506.01Sundry Expenses 16,761.24 5,200.06Travel 2,503.04 806.18

Total Expense 1,270,017.34 1,092,541.27

Net Income 46,504.07 73,407.39

34

Springvale Monash Legal Service Inc.Statement of Financial Positionfor the year ended 30 June 2014

Jun 30, 2014 Jun 30, 2013

ASSETSCurrent Assets

Chequing/SavingsNAB Business Cash Maximiser A/c 415,051.56 463,712.80NAB Term Deposit 19-294-6422 500,000.00 500,000.00Petty Cash 263.50 8.55Petty Cash - S McCullough 100.00 100.00SMLS Cheque A/C 5,569.36 10,400.92

Total Chequing/Savings 920,984.42 974,222.27Accounts Receivable 1,730.40 389.43

Total Current Assets 922,714.82 974,611.70Fixed Assets

Office Furn. & Equip. - CLSPAccumulated Depreciation -14,579.00 -14,579.00At Cost 14,579.00 14,579.00

Total Office Furn. & Equip. - CLSP 0.00 0.00Office Furniture & Equip - SMLS

Accumulated Depreciation -57,714.50 -46,439.99At Cost 85,513.95 88,246.40

Total Office Furniture & Equip - SMLS 27,799.45 41,806.41

Total Fixed Assets 27,799.45 41,806.41

TOTAL ASSETS 950,514.27 1,016,418.11

LIABILITIESCurrent Liabilities

Accounts Payable 13,609.59 22,414.02Credit Cards - NAB Business Visa 2,963.42 4,302.82Other Current Liabilities

Grants Received In AdvanceMaking Rights a Reality 14,057.34 13,048.82Monash Uni 0.00 156,938.00VLA State 0.00 24,000.00

Total Grants Received In Advance 14,057.34 193,986.82Net GST Collected 19,078.01 17,528.84Payroll Clearing Accounts

PAYG 9,408.60 7,708.61Superannuation 0.00 5,139.82

Total Payroll Clearing Accounts 9,408.60 12,848.43Salary and Wage Accruals

Provision - Annual Leave 55,618.68 31,985.45Provision - ERO Extra - State 11,365.00Provision - Long Service Leave 56,341.96 49,896.74Provision - Maternity Leave 41,668.48 41,668.48Provision - SEMAS 40,000.00 0.00Provision - Sick Leave 25,000.00 25,000.00

Total Salary and Wage Accruals 229,994.12 148,550.67Sundry Creditors and Accruals

Provision - Outreach 27,907.60 29,794.99Provision - Office Renovation 59,010.70 59,010.70

Total Sundry Creditors and Accruals 86,918.30 88,805.69

Total Other Current Liabilities 359,456.37 461,720.45

TOTAL LIABILITIES 376,029.38 488,437.29

NET ASSETS 574,484.89 527,980.82

EQUITYRetained Earnings 527,980.82 454,573.43

Net Income 46,504.07 73,407.39

TOTAL EQUITY 574,484.89 527,980.82


Springvale Monash Legal Service Inc.Statement of Cash Flowsfor the year ended 30 June 2014

30 June 2014 30 June 2013$ $

CASH FLOW FROM OPERATING ACTIVITIESReceipts from Customers 1,284,001 1,128,899 Payments to Suppliers and Employees - 1,371,151 - 1,064,456 Interest Received 31,180 37,476 Net cash provided by (used in) operating activities - 55,970 101,919

CASH FLOWS FROM INVESTING ACTIVITIESPayments for Property, Plant & Equipment - 763 - 5,898 Proceeds on Sale of Plant & Equipment 3,495 - Net cash provided by (used in) investing activities 2,732 - 5,898

Net increase in cash held - 53,238 96,021 Cash at beginning 974,223 878,202 Cash at end 920,985 974,223

2014 2013Cash at the end of the financial year as shown in the statements of cash flows is

reconciled to the related items in the statement of financial position as follows:

920,984 974,223

- - 920,984 974,223

b. Reconciliation of Cash Fow from Operations with Profit from Ordinary Activities after Income Tax

46,504 73,407 Non-cash flows in profit from ordinary activitiesAmortisation - - Depreciation 11,275 13,350 Provision for doubtful debts - - Write-downs to recoverable amount - - Net loss on disposal of plant and equipment - 111 Changes in assets and liabilities(Increase)/Decrease in trade debtors - 1,341 426 (Increase)/Decrease in other receivables - - (Increase)/Decrease in inventories - - (Increase)/Decrease in prepayments - - (Increase)/Decrease in other assets - - Increase/(Decrease) in trade creditors - 8,804 5,903 Increase/(Decrease) in income tax payable - - Increase/(Decrease) in deferred taxes - - Increase/(Decrease) in other creditor and accrued liabilities - 183,160 22,129 Increase/(Decrease) in provisions 79,556 - 13,407 Cash flows from operations - 55,970 101,919

OFFICE FURNITURE &EQUIPMENT MOVEMENT: CLSP SMLS TOTALBalance at 1 July 2013 0.00 41,806.41 41,806.41Additions 0.00 763.00 763.00Disposals 0.00 0.00 0.00Write down in value of assets 0.00 -3,495.45 -3,495.45Depreciation expense 0.00 -11,274.51 -11,274.51Balance at 30 June 2014 0.00 27,799.45 27,799.45

a. Reconciliation of Cash

Cash on handBank overdrafts — secured

Profit/(loss) from ordinary activities after income tax

36

ALKEMADE & ASSOCIATES ABN 79 068 887 472

CERTIFIED PRACTISING ACCOUNTANTS

AUDITOR’S REPORT The financial records of SPRINGVALE MONASH LEGAL SERVICE INC. are such as to enable financial statements to be prepared in accordance with Australian Accounting Standards. Therefore, the accompanying Financial Statements (comprising a Statement of Financial Performance, Statement of Financial Position, Statement of Cash Flow and Notes) of SPRINGVALE MONASH LEGAL SERVICE INC. have been prepared in accordance with the Australian Accounting Standards. I have audited the accompanying Financial Statements in accordance with the Australian Auditing Standards. In my opinion the Financial Statements present a true and fair view of the financial position of SPRINGVALE MONASH LEGAL SERVICE INC. and the results of its operations during and at the end of the financial year ending on 30 June 2014 Signed………………………………………… Date 8 September 2014 DONALD K ALKEMADE Registered Company Auditor 8040 ALKEMADE & ASSOCIATES

SPRINGVALE MONASH LEGAL SERVICE INC.

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Reg: A0013997DABN 96 206 448 228

5 Osborne AvenueSpringvale VICTORIA 3051

Mailing Address: PO Box 312 Springvale VICTORIA 3051

Telephone: (03) 9545 7400Facsimile: (03) 9562 4534Email: [email protected]: www.smls.org.au

Hours of Operation9:00 am - 5:00 pm (Monday to Friday)6:00 pm - 8.30 pm (Monday to Thursday)

Employment Intake SessionAppointment Only Session:9:30 am - 12:30 pm (Wednesday)

Drop In Sessions9:30 am - 12:30 pm (Monday, Tuesday and Friday)6:00 pm - 7:30 pm (Monday)7.00 pm - 8.30 pm (Tuesday, Wednesday and Thursday)

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Annual Report 2014 - SMLS

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