Thank you to all PILCH staff, secondees and volunteers who contributed to this edition.
Edited by Rachel Brown.
Empowering the Elderly
In 2008 PILCH, as a part of joint venture, will establish Victoria’s first specialist Older Persons’ Advocacy Legal Service
By Kristen Hilton, PILCH Executive Director
Some time ago PILCH was approached by ‘Laura’, an 80 year old woman who was illiterate and spoke only limited English. Laura had purchased a property with her son as joint tenants. For the next five years they lived together at the property and Laura was subject to ongoing physical and verbal abuse by her son. Laura’s son refused to drive her to regular medical appointments, she was often deprived of food for days and upon leaving the house it was standard practice for her son to unplug the telephone line so that she was unable to contact any other family member for assistance. After receiving further threats of serious physical abuse, Laura eventually escaped the property and contacted her daughter and a crisis intervention domestic violence centre.
When she came to PILCH Laura had been living in a rooming house for 2 years and had been trying unsuccessfully to negotiate with her son to sell the property.
One of the most troubling aspects of Laura’s story is that this form of ‘elder abuse’ is not uncommon among elderly, vulnerable people. While there are various definitions of ‘elder abuse’ it is generally taken to include any act occurring within a relationship where there is an implication of trust, which results in harm to an older person. Abuse can include physical, psychological, financial, sexual and social abuse, as well as intentional or unintentional neglect.
Despite the extent of elder abuse and its devastating consequences it is only recently that the need to develop measures to prevent elder abuse has crept onto the radar of law and policy makers. In part this is due to the pioneering work of a number of seniors’ advocacy organisations and community legal centres advocating on behalf of their elderly clients. The focus also comes with a recognition that our population is ageing. Data recently released by the Australian Bureau of Statistics predicts that by 2051 26% - or nearly eight million Australians - will be aged over 65. This is more than double the number of the current demographic.
Late last year, the House of Representatives Standing Committee on Legal and Constitutional Affairs released their report Older Persons and the Law which drew attention to the diverse legal and legally related needs of older people, particularly those that are poor, infirm, from non-English speaking backgrounds and living without the support of friends or family. Among the report’s many recommendations was the need for increased government funding of community legal centres so as to enable them to provide specialist services to older people, including outreach services.
In its 2006-07 budget, the State Government pre-empted this recommendation and committed to 3 year funding of a new specialist, state wide elder abuse prevention centre which would provide a range of services for elderly people, including legal advice and advocacy, education and training programs, social service programs and an information line.
PILCH recently successfully tendered for the establishment and operation of the service in collaboration with its joint venture partners; the Council of the Ageing (COTA), Eastern Community Legal Centre and Loddon Campaspe Legal Centre.
PILCH’s role in the service will be to develop a number of pro bono legal clinics at locations that are easily accessed by elderly people. The focus of PILCH’s work will be on the capacity of the law to deal with and remedy the mostly hidden issues of financial, physical or emotional abuse, social isolation, exclusion and discrimination experienced by older people. We also understand that while the legal issues that older people may have are not necessarily always unique to their demographic, there are a number of common barriers to older people exercising their legal rights such as fear of complaining and fear of disrupting family relations, compounded by a feeling of isolation and loneliness.
We expect that a number of the programs that the service will deliver will be up and running by April 2008. Each of the parties to this new venture bring diverse strengths, resources, expertise and innovation that will ensure that the service is able to significantly contribute to the better protection and promotion of the human rights and dignity of elderly Victorians and assist them in leading secure, vital, fulfilling and active lives.
If you would like more information about the service please contact Kristen Hilton at kristen.hilton@pilch.org.au
Explaining the concept of practicing or acting in the public interest is not always straight forward. Invariably it invites competing notions of what is good for the public, or, somewhat distractingly, what that public is interested in.
Over the last decade the public interest seemed to become defined by reference to economic affluence and national security. Put differently the public interest became about our clamping shut our borders, indefinitely detaining asylum seekers, conducting interventions into Indigenous communities, and ‘making Australia safe.’
With ‘safety’ however, came what Clive Hamilton has referred to as the ‘silencing of dissent’- the direct and indirect shooshing of some public interest organisations and advocates that took umbrage with government policy. Indeed, in many instances advocacy became a circumspect activity - one that might see you defunded or at the very least, deterred.
To some extent what is in the public interest will be a value judgement. However, there are a number of immovable doctrines that, irrespective of politics, are incumbent upon government to respect and uphold. Where government pulls up short, it becomes the responsibility of civil society and public interest advocates to hold them to account. These are the bedrocks of democratic society - the protection and promotion of fundamental human rights, the rule of law and the right to a fair hearing before the law.
For over 15 years PILCH has been championing these rights and principles. It has sought to open up the conversation about the public interest to the legal profession and has challenged the division between private and public to conclude that both are needed to make a community. PILCH now has a membership that includes private law firms, community legal centres, universities and corporate legal departments and conducts a broad range of pro bono legal work, law reform, legal education and policy work.
In 2008 this work will continue. We will continue to provide much needed legal assistance to individuals who can’t otherwise obtain it and we will nurture and support the pro bono programs of law firms and corporate legal departments. We will also be a part of the extraordinary contribution of community legal centres that make an invaluable contribution to social justice with limited funding and resources. This year new projects will include the establishment of an older persons’ legal advocacy and advice service, a specialist new legal service for not-for-profit and community organisations and a focus on Indigenous justice issues and environmental law.
We will also be a part of the promotion and understanding of the Victorian Charter of Rights and Responsibilities which became fully operational on 1 January 2008. We envisage that in public interest litigation and advocacy, to raise the issue of clearly stated rights formally adopted by the Victorian government will have particular dialectic force.
At the heart of this work is a reassertion of the public interest as being the pursuit of society that promotes equality and justice - that is measured not just by the size of its surplus but by the way it responds to its most vulnerable and the way in which it empowers organisations that have these goals as their mandate. This much by now must surely be clear – that the silencing of dissent will only ever raise a louder and more enduring protest.
Rudd adds ‘homelessness’ to homework list
By Caroline Adler, HPLC Manager
On 19 December 2024 the Australian Institute of Health and Welfare (AIHW) released its Annual Report on ‘Demand for SAAP accommodation by homeless people’ for the 2005-06 period (Report).
The Supported Accommodation Assistance Program (SAAP) coordinates the funding of Commonwealth, Territory and State homelessness services and is the Australian government’s primary response to homelessness. Many crises centres and other emergency accommodation services are funded through the SAAP program.
In the lead up to Christmas – traditionally a difficult time of year for vulnerable Australians – this Report made for disturbing reading.It demonstrated that ‘despite Australia’s current period of economic prosperity, homelessness continues to be a major social problem, and affects a considerable proportion of the population’.(Australia’s Welfare 2007, Australian Institute of Health and Welfare, 259.)
The Report illustrated that SAAP services are at capacity, and on an average day turn away over 350 people seeking crisis accommodation.The data painted a particularly grim picture for women and children attempting to access crisis accommodation, indicating that they are more likely to be turned away than single men.Indeed, women made up 52 per cent of those turned away, while children make up a third.
The PILCH Homeless Persons’ Legal Clinic is extremely concerned about these turn away rates and the ongoing serious human rights violations experienced by people who are homeless in Australia, particularly in relation to the right to adequate housing.Arguably, one of Australia’s core obligations is to provide sufficient housing services through SAAP to ensure that all homeless people can access crisis accommodation as a right.Nevertheless, it is clear from the statistics released in AIHW’s Report that demand for homelessness assistance services continues to significantly exceed supply.Urgent action and leadership is required at a Federal level to rectify this situation and ensure that increased homelessness services are made available through SAAP to vulnerable Australians.
For the first time in 11 years, signs from Canberra are encouraging that such action and leadership may be forthcoming.Prime Minister Kevin Rudd’s recent interview on the ABC’s 7:30 Report marked a turning point. It was the first time in many years that an Australian Prime Minister has spoken publicly about homelessness and expressed a commitment to addressing it.Mr Rudd has described the turn away rates at crisis accommodation centres as a specific national policy challenge.This is a welcome and much needed change.It is particularly encouraging that the Federal Government has established a dedicated Housing Ministry to tackle the issues homelessness and housing affordability.
The Clinic urges the Federal Government to follow through on its election promise to increase funding for crisis and transitional accommodation and hopes that this initiative will go some way towards addressing the severe shortage highlighted in the AIHW’s Report. It is crucial, however, that this promise of funding forms the basis of a broader reform agenda at both the Federal and State level committed to eradicate homelessness.
To that end, in 2008 the Clinic will monitor the Federal Government’s progress in relation to its homelessness initiatives and will continue to work towards the protection of the human rights of those experiencing homelessness.
Law Reform, Advocacy & Policy
Equal Opportunity Review
In November 2007, the Victorian Attorney General initiated an independent review of various aspects of the Equal Opportunity Act 1995 (Vic) (the EO Act). The review seeks to reform the EO Act to ‘better promote the right to equality and improve protection from discrimination’.
Both PILCH and the HPLC made submissions to the review process focusing on different aspects of the EO Act and the powers of the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).
PILCH
The PILCH submission draws on case examples in which PILCH has assisted by providing individuals with referrals to lawyers for pro bono representation and the feedback obtained through consultation with complainants, lawyers and heath professionals. Through this work PILCH has had first hand experience of dealing with a range of complaints by individuals who have endured some form of discriminatory behaviour and resultant harm.
The submission focussed on:
the inadequacies and inherent power imbalances of the current complaint system;
the need to widen the scope of the EO Act to provide broader powers to address systemic discrimination; and
the need to expand the role of the VEOHRC to investigate and remedy discrimination and increase its capacity to undertake research for law reform purposes and conduct education and training.
In addition, the submission discusses problems associated with the use of internal grievance procedures by employers. PILCH’s experience is that these procedures are often inconsistent, insensitive and lead to unsatisfactory outcomes for the victim. The submission also addresses the use of confidentiality agreements, noting that the ‘overuse’ of confidentiality agreements leads to a lack of data regarding the incidence of discrimination in the community and a lack of jurisprudence in this area of the law.
PILCH’s submission was informed by principles of international human rights law and obligations on all States to ensure that they have legislation and policies in place that protect all people from discrimination and provide remedies where discrimination occurs.
HPLC
The HPLC submission focuses on the need for urgent review of the EO Act to include ‘social status’ and ‘criminal record’ as protected attributes. The current provisions of the Act do not make it unlawful to discriminate against a person on the basis of their social status, that is, their homelessness, their unemployment status, or the fact that they are receiving social security payments. It is also currently lawful to discriminate against someone on the basis of their criminal record. This lack of protection is contrary to Australia’s relevant obligations under international human rights law and does not reflect the anti-discrimination developments in many common law jurisdictions.
In its submission the HPLC argues that these amendments are necessary to counteract the devastating impact of social status and criminal record discrimination on some of the most disadvantaged and marginalised members of our society. As HPLC’s work over a number of years has revealed, discrimination can lead to, and further entrench homelessness, unemployment, poverty and recidivism.
Both submissions are available on the PILCH website.
Proposed Changes to Legal Profession Rules
On 18 January 2008, PILCH made a submission to the Legal Services Board (Vic) concerning proposed changes to the Legal Professional Rules (the Rules) in respect of Continuing Professional Development (CPD).
PILCH recommended that that the proposed definition of a CPD activity’ contained in the Rules be broadened to include pro bono legal work. PILCH submitted that amending the Rules in this way would not only serve to encourage practitioners to undertake work for eligible clients on a pro basis but would also provide a practical way for the profession to recognise the ethical value of pro bono in facilitating access to justice and its contribution to the integrity of the legal profession and the professional development of legal practitioners.
News & Events
PILCH welcomes 3 new staff since our last edition: Daniel Jacobs, Administrator of VBLAS, Dahni Houseman, Administrator of the Public Interest Law Scheme, and Penny Morrow, Operations Manager.
Older Persons’ Advocacy Legal Service
‘Seniors' advocacy service to tackle abuse’
Heidelberg & DiamondValley Weekly, Tuesday January 15, 2025
Activists’ public campaign against the proposed development of the St Kilda triangle. Referred by PILCH to Save Our Suburbs president Jack Hammond QC on behalf of a St Kilda resident group.
PILCH invites you to celebrate the New Year with the launch of PILCH PERSPECTIVES 2008 - a series of free seminars and talks. The first seminar will be given by guest speaker Professor Peter Schuck of the esteemed YaleLawSchool in the United States. Prof. Schuck will discuss the practices, challenges and achievements of public interest law in the US.
PILCH will continue its popular legal advice seminar series for not-for-profit organisations with 11 new workshops and seminars in 2008.
The full seminar schedule for 2008 is available here. Further details & registration forms will be released closer to the dates.
Seminar 1: Legal Health Check for Not-for-Profits
Thursday 7th February 2008
This seminar will provide a valuable overview of many of the key legal issues which impact on the community sector, including: Governance, board roles and responsibilities; Employment; Risk management; Volunteers; Intellectual Property; Tax; Fundraising; Policies and Procedures.
The Public Interest Law Clearing House (PILCH) is a proud collaborator of La Trobe University’s Public Interest Law Postgraduate Program. The program provides an excellent opportunity for pro bono, public interest and community lawyers to enhance their theoretical and practical knowledge about this growing area of law.
La Trobe Law welcomes students from other LLM programs, practitioners wishing to extend their professional development and others wishing to participate in various units. Tuition fees are FEE-HELP eligible.
The Program’s introductory unit, Issues in Public Interest Law, explores the history, theory, principles and practices of public interest law. The subject explores a range of models, activities and techniques used in lawyering in the public interest, drawing on specific examples of legal practice and case studies.
PILCH receives many requests for assistance under its Public Interest Law Scheme.Those applications that satisfy means, legal merit and public interest criteria are able to be referred to PILCH members for pro bono assistance.
The following summaries, while far from constituting a complete list of either referrals or PILCH members who have undertaken referral work, are reported to give an indication of the range of individuals and organisations applying for assistance, the types of assistance they seek, and the variety of pro bono work undertaken by PILCH members.
PILCH is very grateful to all its members who have accepted pro bono referrals to assist individuals and not-for-profit organisations.
Case Summaries
Blake Dawson has kindly agreed to provide governance and health and indemnity advice to the Association for Prevention and Harm Reduction Programs Australia (Anex). Anex is a community-based, not-for-profit organisation that promotes and supports Needle and Syringe Programs (NSP) and the evidence-based approach of harm reduction.
NSPs are important in preventing the spread of HIV and Hepatitis C within the Australian community. In Australia the spread of HIV in intravenous drug users is around 1% as compared to other countries with levels of up to 50%.Anex strives for a supported and effectively resourced NSP sector whose role in providing a solution to drug-related issues is understood. Anex developed from an informal network of Victorian NSPs and became incorporated in 1995. In 2004, representatives from the Australian NSP sector endorsed Anex as the advocate and national voice for NSPs and harm reduction. Anex’s vision is for a society in which all individuals and communities enjoy good health and well-being free from drug-related harm.
Francis Abourizk Lightowlers (Commercial & Technology Lawyers) have kindly agreed to provide pro bono legal assistance to North Melbourne Language & Literacy (NML&L) in regard to its current constitution.NML&L is an incorporatednot-for-profit association funded by government grants. NML&L assist in providing quality adult learning opportunities that connect people to their local and broader communities. NML&L is located within the North Melbourne commission housing complex and assists people living within that area.These are mainly newly arrived and long term migrants to Australia, who are often economically and socially disadvantaged. NML&L provide a diverse range of support that assists these migrants to settle into Australian society and culture. For example, NML&Lact as a referral service and they also provide language and literacy workshops.
Middletons have agreed to provide governance advice to the Haven Foundation. The Foundation is a not-for-profit organisation which aims to provide socially and financially disadvantaged individuals living with mental illness the opportunity to access housing which provides normality, stability and a sense of permanency in housing and daily living support which is not premised upon involvement in any other support.
The Law Institute of Victoria Legal Assistance Scheme (‘LIVLAS’) receives many requests for assistance.Where the application satisfies a means and legal merits test, and the client is ineligible for legal aid, or it is inappropriate to refer the matter to a community legal centre, legal assistance can be provided through a pro bono referral to a solicitor on the LIVLAS register.
Case Summaries
LIVLAS continues to clients in need of pro bono legal assistance.Our work is made possible by the continuing commitment and generosity of the law firms who have accepted pro bono referrals.
The following summary highlights the type of referral work undertaken by LIVLAS:
Financial abuse – success for elderly parents
In the March 2007 edition of PILCH Matters we reported that Jim Robinson of Best Hooper Solicitors and Caroline Kenny of counsel had kindly agreed to assist Mr and Mrs I.In 2004, Mr and Mrs I, pensioners who speak limited English, executed a mortgage over their home in order to guarantee a loan taken out by their son.Mr and Mrs I were misled as to the contents of the documents that they signed.Their son later defaulted on the loan and the bank sought to recover the amount outstanding under the loan from Mr and Mrs I.
We are happy to report that after six or more months of investigation, the bank decided to discharge the mortgage over Mr and Mrs I’s home without requiring any payment.The formal discharge has now been registered.
This is an excellent outcome.LIVLAS thanks Jim Robinson and Caroline Kenny for their efforts.Jim says that it is very satisfying, in professional and personal terms, to be able to assist clients in this way.
Family saved from eviction in the week prior to Christmas
Between 2002 and 2004, Mr W suffered a series of heart attacks and strokes and as a result was unable to continue to work.Mrs W has been unable to work since discovering that one of their eight children has cancer.
As a result, Mr and Mrs W were unable to keep up the mortgage payments on their home and in 2006 the bank issued proceedings in the Supreme Court and subsequently obtained an order for possession.
Despite the order, Mr and Mrs W made further payments towards the mortgage from time to time when they were able to and endeavoured to refinance the loan.Ultimately things got too much and they reached agreement with the bank to sell their home themselves subject to certain conditions.The property sold on the day of the auction but three days later the bank advised that it was not prepared to allow the sale apparently due to conditions in the contract.The Sheriff was instructed to evict the family the week before Christmas.
Thank you to Michelle Dixon, Terrie Hamilton-Smith and Joel Ruffles from Maddocks and Bill Coady and Sam Hopper of counsel who generously agreed to assist Mr and Mrs W on a pro bono basis.Agreement was reached that the family could remain in their home until mid January 2008 pending a challenge to the validity of the order for possession.After a court application was issued, the judgment for recovery of land was subsequently set aside by consent and the sheriff has been notified that the warrant is invalid.Thanks also to Les Brown and his team at M3 who provided valuation services in relation to the matter on a pro bono basis.
The Victorian Bar Legal Assistance Scheme (‘VBLAS’) is now in its sixth year of administration by PILCH and has continued to develop and improve access to pro bono legal services from barristers.Matters referred to barristers continue to cover diverse areas of law, including family, crime, migration, contract, trusts, tort, personal injury, TAC, employment, debt recovery, tenancy and discrimination.
Case Summaries
Mr H is an Australian citizen with a number of criminal convictions in Victoria for offences relating to cannabis and prohibited weapons. Mr H’s wife and son reside in the United States and, due to his convictions, cannot gain entry to the country. The client was advised by an American Attorney that if one of his convictions was quashed he might be able to gain entry to the country.
The client contacted PILCH to seek legal advice about whether he could have one or all of his convictions quashed. Counsel advised that the only way he could have the convictions overturned would be on appeal. Counsel also advised that Mr H consider appealing to the United States Government.
Mr G contacted PILCH in November to seek representation in seeking judicial review of convictions for assault, but was rejected for failing the means test. Mr G proceeded to represent himself in his application. VBLAS was contacted by the Supreme Court and directed to obtain a Counsel to appear amicus curae and advise Mr G about his rights in this matter. VBLAS was successful in finding someone to appear as amicus to the Court.
Mr A is a taxi driver who was involved in a motor vehicle accident on Kings Way. He was subsequently charged with criminal offences relating to the accident. Flemington-Kensington Community Legal Centre referred Mr A to VBLAS and Counsel was obtained for the criminal trial, which was successfully defended in the Melbourne Magistrates Court. The other party brought a civil claim against Mr A alleging that he caused the accident. VBLAS was able to assist Mr A further by finding him a solicitor who has since settled the matter in his favour.
Birmingham, UK quartet sets up first pro bono clinic
Four of Birmingham’s top commercial law firms have joined forces to launch the city’s first pro bono clinic.The collaboration, which was two years in the making, is between DLA Piper, Eversheds, Hammonds and Wragge & Co.
Free legal services will be available to Birmingham’s public from February 2008 and will initially take the form of weekly clinics at the city’s central library. The four firms have so far pooled a total of 80 lawyers interested in assisting at the clinic. The clinic will initially offer clients debt and welfare benefits advice.
The Pro Bono Institute at GeorgetownUniversity Law Centre, USA
The Pro Bono Institute at Georgetown University Law Centre was founded in 1996. It provides research, consultative services, analysis and assessment, publications, and training to a broad range of legal audiences. The Institute also explores and identifies new approaches to the provision of legal services to the poor, disadvantaged, and other groups unable to seek legal assistance to address critical legal problems. In order to achieve this objective, the Institute rigorously studies and criticises current models. It also collaborates with political and community leaders to ensure these models are responsive to criticism and to avoid stagnancy in the area of pro bono.
Among the projects currently undertaken by the Institute is the ‘highly regarded’ Law Firm Pro Bono Project. The project provides a vast range of services to law firms providing pro bono assistance. Some of these services include training, newsletters, empirical research and technical assistance to individual firms.Another interesting initiative is the ‘Corporate Pro Bono’ project.
The Corporate Pro Bono project aims to ‘substantially increase’ the amount of pro bono work performed by in-house counsel. The overall aim of this program is to enhance the pro-bono culture of in house legal departments.
If you are interested in public interest lawyering and pro bono work, and support the work done by PILCH - for only $20 plus GST per year - you can become an official PILCH Supporter.
Being a PILCH Supporter will ensure that you to receive PILCH publications and an invitation to upcoming events.
Please visit our website for more information and an application form.
PILCH Members
Law Firms
Aitken Walker & Strachan
Allens Arthur Robinson
Andrew George Solicitors
Arnold Bloch Leibler
ArnoldDallas McPherson
Baker & McKenzie
Blake Dawson Waldron
Clayton Utz
Corrs Chambers Westgarth
Deacons
Ebsworth & Ebsworth
Francis Abourizk Lightowlers
Freehills
Hall & Wilcox
Herbert Geer & Rundle
Holding Redlich
Hunt & Hunt
Lander & Rogers
Maddocks
Mallesons Stephen Jaques
Middletons
Minter Ellison
Phillips Fox
Robinson Gill
Russell Kennedy
Sparke Helmore
The Office of David Grace QC
TressCox
Wisewoulds
Corporate Legal Departments
AXA Asia Pacific Holdings Ltd
Goldman Sachs J B Were
Linfox
National Australia Bank Ltd, Legal Department
TABCORP Holdings Ltd, Legal Department
Transport Accident Commission
Visy Industrial Packaging Holdings
Community Legal Centres
Aboriginal Family Violence Prevention and Legal Service
Casey Cardinia Community Legal Service
Central Highlands Community Legal Centre
CoburgBrunswick Community Legal and Financial Counselling Centre
Community West
Consumer Law Centre Victoria
Darebin Community Legal Centre
Environment Defenders’ Office (Vic) Ltd
Eastern Community Legal Centre
Essendon Community Legal Centre
Federation of Community Legal Centres (Vic)
Fitzroy Legal Service
Flemington-Kensington Legal Centre
Geelong Community Legal Service
Gippsland Community Legal Service
JobWatch Inc
Loddon Campapse Community Legal Centre
MelbourneUniversity Student Union Legal Service
Mental Health Legal Centre
Monash Oakleigh Community Legal Centre
Peninsula Community Legal Centre
Southport Community Legal Centre
Springvale Monash Legal Service
SRC Legal Service, La TrobeUniversity
Tenants Union of Victoria
Victorian Aboriginal Legal Service Co-operative Ltd
