Since 2006 when the National Senate Inquiry was established, PILCH has been closely monitoring the Victorian Government's action on the issue of stolen wages in Victoria.

The product of the Inquiry was the Commonwealth Senate Legal and Constitutional References Committee's report ‘Unfinished business: Indigenous stolen wages' which recommended that archival research and consultation with Indigenous people should be undertaken to further ascertain the history and impact of stolen wages policies in Victoria. The Report noted that from the late 19th centuries onwards (in some cases into the 1980's) government controls permitted the non payment of wages to some Indigenous workers, as well as the underpayment of wages, and the diversion of wages into trust and savings accounts.

The Senate Committee Report also stated that: "Many of those affected are now elderly and in poor health. It is therefore imperative that governments take immediate action to address these injustices. It would be an abrogation of moral responsibility to delay any further."

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On 13 December 2004, Gunns Limited, a Tasmanian saw miller and hardware retailer, lodged a writ in the Supreme Court of Victoria seeking injunctions and damages of $6.36 million against twenty Tasmanian environmentalists and groups – the so-called “Gunns 20”.  In late January 2010, days before a lengthy trial was set to proceed, Gunns ended over five years of legal wrangling by settling with the four remaining defendants on the basis that it would withdraw its claim for damages and pay the defendants $155,088 in compensation and legal costs.

PILCH secured pro bono representation for eight of the Gunns defendants.  Law firms Herbert Geer and Lander & Rogers accepted referrals from PILCH in early 2005, and remained committed to the matter until last week’s final settlement.  In addition, a large number of barristers, including Mark Dreyfus QC, Jennifer Batrouney SC, Fiona McLeod SC, Campbell Thomson, Richard Attiwill, Michael Gronow, Sharon Moore, Catherine Symons and Eliza Holt, provided pro bono advice and representation during the long and tortuous history of the matter.  PILCH applauds the tireless pro bono efforts of all of those involved in the defence of the Gunns 20, including the firms and barristers who were approached by the defendants directly or through services other than PILCH. 

Prosecuting five years of Supreme Court litigation is an enormous commitment for a large corporation; funding the defence of such a claim is simply out of the question for an individual or a small not-for-profit.  Without the pro bono efforts outlined above, the defendants would not have been able to adequately defend themselves against the claims brought by Gunns, which involved complex legal argument far beyond the scope of what a self-represented litigant could have been expected to comprehend.

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It has been a busy year on the death penalty front. In 2009, the federal Government introduced the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009 (Cth.). The Bill proposes to prohibit the death penalty, so that it cannot be reintroduced in any State or Territory in Australia. In July last year, PILCH wrote to the Attorney-General commending him on the introduction of the Bill, which is consistent with Australia's obligations under the Second Optional Protocol to the International Covenant on Civil and Political Rights. The Bill is currently being debated.

Following the Bali Nine case, calls intensified to reform the Australian Federal Police (AFP) guidelines on international police-to-police cooperation in death penalty charge situations. In late 2008, PILCH made a submission to the Attorney-General and the AFP urging them to revise the guidelines in accordance with international human rights law. The revised guidelines, released in late 2009, do not incorporate a human rights approach to the death penalty and, consequently, the AFP, through international cooperation, could still expose individuals to the risk of the death penalty. PILCH is currently preparing a response to the Attorney-General and the AFP to highlight this failure. In the meantime, a team of Australian lawyers and barristers continue to provide pro bono assistance to Australians who are on death row overseas, including members of the Bali Nine.

In 2009, the Attorney-General's Department released an Exposure Draft of the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2009 (Cth). Amongst other things, the Draft proposes to extend the circumstances in which the Attorney-General must refuse to provide assistance to a foreign country that may result in the imposition by that country of the death penalty. In August, PILCH made a submission to the Attorney-General's Department in which it endorsed the proposal but expressed its concern regarding the breadth of the discretion granted to the Attorney-General. PILCH submitted that the Attorney-General should only be able to exercise his or her discretion where he or she has obtained a guarantee from the country seeking assistance, that the person will not be subject to the death penalty, or such assistance is exculpatory.

Proposed new 'Registrar for Community and Charitable Purpose Organisations’
On 11 February 2010, the Productivity Commission released its major report on the Contribution of the Not-for-Profit Sector – a sector it estimates contributes close to $43 billion (4.3%) to the country’s economy.

PilchConnect’s submission is quoted in numerous places throughout the Commission’s Final Report. In line with the submission is a key recommendation about the creation of a new national regulator for the Commonwealth registration of not-for-profit organisations, to be known as a ‘Registrar for Community and Charitable Purpose Organisations’. While a national regulator has the potential to reduce red tape and improve transparency and accountability within the not-for-profit sector, there is important on-going work about the detail of the recommendations and implementation process. PilchConnect will continue to campaign on these issues on behalf of its not-for-profit clients.

Encouragingly, the PilchConnect legal service is mentioned within the report as a positive initiative within the sector. The Commission’s Final Report recommends support for initiatives like PilchConnect, which provide not-for-profits with much needed legal and governance support and co-ordinated access to pro bono legal services. See www.pilch.org.au/productivitycommission  

Geelong Clinic Opening
The HPLC is pleased to report that the 15th Homeless Persons’ Legal Clinic will be opening on 25 February 2025 at Salvation Army NorthSide, Geelong. This is the second regional clinic in Victoria and is being supported by the Barwon Community Legal Service. The local community have been very supportive and we are sure it will be a great success!

Police new weapons search powers
As reported in the last edition of PILCH Matters, Victorian police now have the power to search people for illegal weapons without a warrant. These new laws provide that police can carry out random search powers (including strip searches) in designated areas, direct people to move-on from a certain area and impose fines and issue arrests for drunk or disorderly conduct.  Footscray and North Melbourne train stations have been the target with two searches being carried out during January and February. The HPLC mobilised a group of volunteers to observe the way searching is carried out in these designated areas. Although the Brumby Government state that these powers give the police more options to rid the streets of violent and anti social behaviour, the HPLC argues that the use of such powers is an infringement on people’s rights and the current police powers are already adequate to deal with this issue. The HPLC, in connection with a number of community legal centres and the community sector, is preparing resources for observers and the public and investigating the legal and social ramifications of such laws.

PILCH Employee Co-Authors Book on Women's Rights
Simone Cusack, Public Interest Lawyer at PILCH, recently co-authored (with Prof. Rebecca J. Cook) Gender Stereotyping: Transnational Legal Perspectives. The book offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights.

Sexual Health and Human Rights
In January 2010, Public Interest Lawyer, Simone Cusack, traveled to the University of California, Berkeley to present at a symposium on ‘Mapping Global Laws to Improve Sexual Health'. The symposium, which is part of a World Health Organization project at the intersection of rights, sexuality, health and law, was attended by persons from the legal and public health professions as well as students and academics. Simone's presentation examined how gender stereotyping can undermine the exercise and enjoyment of the right to the highest attainable standard of sexual health.

Litigating Women's Rights
In February 2010, Public Interest Lawyer, Simone Cusack, attended a meeting in Malaysia on creating a resource package for lawyers litigating women's human rights. International Women's Rights Watch Asia Pacific, the international NGO that hosted the meeting, hopes the resource will help legal practitioners to harness human rights to advance the position of women in courts around the world. It is expected that the resource will be publicly available in the next year.

Family law inquiries on the rise 
In February 2008, Victoria Legal Aid announced new changes to its guidelines which have severely reduced the number of people eligible for legal aid in family law matters. Consequently, the demand for family law services from Community Legal Centres and pro bono legal services has escalated.

The grim reality is that the number of family law clients who do not qualify for legal aid and cannot afford legal representation continues to grow in Victoria. In addition to increasing the unmet legal need in the State, the contraction in funding greatly impedes on access to justice for many families. If the Government (both State and Federal) is serious about its access to justice agenda, it must ensure that a person’s inability to pay is not a barrier to the legal system and more generally, to justice.

To complicate matters further, the imposition of a funding distinction between State and Commonwealth creates major fiscal imbalance. Unfortunately, for many Victorian families, the division has resulted in an unequal distribution of Commonwealth funds. In practice, this equates to a mother unable to access legal advice, a father forced to represent himself in court, and a child without an Independent Children’s Lawyer.

In a unified attempt to address this critical issue, VBPBS and LIVLAS are working together with the Victorian Bar, the Law Institute of Victoria and the Federation of Community Legal Centres. If you would like to join the group or require further information about the family law funding crisis, please contact:
Melanie Dye, Manager & Lawyer, Victorian Bar Pro Bono Scheme (PILCH): 8636 4418 or melanie.dye@pilch.org.au    

Protecting and Promoting Women's Rights in Australia: A Seminar for Women's Rights Advocates
Date: Thursday, 4 March 2025 at 9.30am - 12.30pm
Venue: Queen Victoria Women's Centre (Victoria Room), 210 Lonsdale St, Melbourne
RSVP: Please click here to register by 28 February 2010.

Using Human Rights to Protect Women against Women: A Regional Workshop for Women's Rights Advocates
Date: Thursday, 25 March 2025 at 10.30am - 1.30pm (light lunch to be provided)
Venue: Colac Otway Performing Arts and Cultural Centre, Cnr Gellibrand and Rae St, Colac
RSVP: Please register here by 15 March 2010. PILCH will contact you to confirm your reservation.          

Not-for-profit legal seminars (Regional): In 2010 PilchConnect will partner with the Victorian Council of Social Services (VCOSS) to deliver governance training to NFPs across regional Victoria. This training will be delivered with support from the RE Ross Trust. To find out more about this training or to register please click here.

Not-for-profit legal seminars (CBD): A repeat session of PilchConnect's NFP seminar on Legal responsibilities of NFP Board and Committee of Management members will be held shortly to cater for the large waiting list - the first session, held with the generous pro bono support of Clayton Utz, was sold out with over 90 NFP participants attending. To register please click here.

Melbourne University Law Masters subject on not-for-profit legal issues
Sue Woodward and others from the PilchConnect team will be teaching a Masters subject called Not-for-profit organisations: current regulatory and governance issues at Melbourne University's Law School in early June 2010. The subject will examine recent inquiries and law reform developments in the not-for-profit sector, as well as drawing on the practical legal issues that arise for not-for-profits. The course is full fee paying, and is suitable for both lawyers and non-lawyers with relevant experience, including those with a strong not-for-profit background. For more information: Melbourne University Masters Subject, or alternatively e-mail us at:  connect@pilch.org.au

Productivity Commission report on NFP sector
PilchConnect made a submission to the Productivity Commission’s review of the contribution of the NFP sector.
Download the submission

Response to Regulatory Impact Statement for Associations Incorporation Amendments (Fees and Other Matters) Regulations 2009 (Vic)
PilchConnect made a submission to the Victorian Department of Justice (Consumer Affairs Victoria) on the regulatory impact of the proposed Associations Incorporation Regulations on NFP organisations. 

Proposal to extend Victoria’s equal opportunity laws to volunteers
PilchConnect made a submission to the Victorian Department of Justice on proposed changes to Victoria’s Equal Opportunity Act to extend the application of that Act to volunteers. 

Submission on change to reporting requirements for companies limited by guarantee
PilchConnect made a submission to Commonwealth Treasury on an Exposure Draft of a Bill to amend the Corporations Actin relation to the reporting regime for companies limited by guarantee (CLGs). We supported the proposed reforms (3-tiered reporting regime based on annual revenue and DGR tax status) which reflect our 2007 submission on this issue, but highlighted the need for all CLGs to lodge some basic information, as well as some technical issues with draft provisions.
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Submission into the adequacy and future direction of public housing
Earlier this month the HPLC lodged a submission relating to the adequacy and future direction of public housing in Victoria. The submission highlighted the issues relevant to vulnerable residents through the provision of case studies. The HPLC, along with two public housing tenants, also appeared before the Parliamentary Committee to present further evidence.
Download the submission

Quarantining of social security payments, and other welfare reforms
The HPLC recently lodged submission with the Senate Community Affairs Legislation Committee relating to the Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Bill 2009. The Bill introduces a scheme of income management which will be implemented into the Northern Territory and will potentially be integrated into other states. In their submission, the HPLC opposed these measures.
Download the submission

Severe Substance Dependence Treatment Bill
The HPLC’s submission in relation to the Severe Substance Dependence Treatment Bill 2009 argues that the Bill disproportionately impacts upon people experiencing homelessness, who often face significant difficulty accessing voluntary treatment and rehabilitation programs. 

Bail Act reforms
The HPLC lodged a submission in response to a discussion paper into the Department of Justice’s bail system. The conditions imposed can be unrealistic for people to achieve and the HPLC’s submission concentrates on the relevant bodies having regard to the social and economic circumstances of the alleged offender when imposes bail conditions.
Download the submission

Mental Health List
The HPLC wrote to the Attorney-General, congratulating him on the governments’ commitment to introduce a specialist Mental Health List to the Magistrates’ Court of Victoria.  This is a welcome initiative that will assist particularly vulnerable clients, and the HPLC noted a couple of issues in the enacting Bill that require further clarification.

Review of the Environmental Protection and Biodiversity Conservation Act 1999
In May 2009, PILCH made a submission to the independent review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The Final Report of the Independent Review - ‘The Australian Environment Act: Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999' was released in December 2009 and is available here. The report adopts certain of PILCH's recommendations, including its recommendations that:

• the Act be amended to prohibit the ordering of security for costs in public interest proceedings; and,
• a provision be inserted in the Act that states that the Federal Court is not to require an applicant to give an undertaking as to damages, as a condition of granting an interim injunction.

The report, however, did not address PILCH's recommendation that interested persons should be permitted to refer actions for controlled action assessment under the Act.
Download the PILCH submission

In the last two months PILCH has written, contributed to or been featured in the following media and publications: 

$43 billion nonprofit sector needs its own independent regulator, PilchConnect media release, 11 February 2025
PilchConnect's response to the Productivity Commission's report which has missed the opportunity to clearly articulate the need for an independent, specialist regulator for charities and community organisations in Australia.
Download the media release

Proposed new Registrar for Community and Charitable Purpose, 3CR radio, 15 February 2010.
Interview with Sue Woodward, PilchConnect Policy Officer. 

Related media: 

• Spotlight lurks on non-profit sector, Sydney Morning Herald, 12 February 2010
  Read online
• Free weddings and a tax rort, The Age, 12 February 2025
  Read online

New police powers threaten human rights, Green Left, 24 January 2025
HPLC Manager and Principal Lawyer, James Farrell, talks about the human rights implications of new police powers.
Read online

Knives in Footscray, Maribyrnong Leader, 12 January 2025
HPLC Manager and Principal Lawyer, James Farrell, comments about new police searching powers.
Read online

If you want to stop knife crimes, search old ladies, The Australian, 11 January 2025
HPLC Manager and Principal Lawyer, James Farrell, writes about seeing the new police searches taking place. 
Read online

New Police Powers, Right Now Radio (3CR Radio), 7 January 2025
HPLC Manager and Principal Lawyer, James Farrell, comments about new police searching powers.
Listen online

Police begin weapons searching, National Nine News, 7 January 2025
HPLC Manager and Principal Lawyer, James Farrell, talks to Nine News about new police searching powers.
Read online

Homelessness and Human Rights: It’s Time to Act, HRLRC Bulletin, January 2010
HPLC Manager and Principal Lawyer, James Farrell, imagines a more holistic and rights-based approach to tackling homelessness in Australia.
Read online 

Outside Glass Houses: The Legal Needs of Women at Risk of Homelessness Escaping Family Violence, (2009) 22(10) Parity 32.
HPLC Lawyer Caris Cadd and Manager/Principal Lawyer James Farrell write about the legal needs of women at risk of homelessness escaping domestic violence.
Read online

Brownwashing the environment debate, The Age, 30 December 2024
Opinion piece on the Hawke review of the Environment Protection and Biodiversity Conservation Act 1999 and the removal of cost barriers to parties seeking injunctions against environmentally contentious projects. By Gregor Husper, Public Interest Law Scheme Co-Manager.

Another death in police custody, PM (ABC Radio), 23 December 2009.
HPLC Manager and Principal Lawyer, James Farrell, talks to ABC Radio about the second death in two days of a person held in police custody.
Read online

Anger over broadened police powers to search people, Geelong Advertiser, 18 December 2024
HPLC Manager and Principal Lawyer, James Farrell, comments about new police searching powers.
Read online

New Police Powers, Done By Law (3CR Radio), 1 December 2024
HPLC Manager and Principal Lawyer, James Farrell, comments about new police searching powers.
Listen online

The road home: Australians’ right to adequate housing, (2009) 34(4) Alternative Law Journal 227
HPLC Manager and Principal Lawyer, James Farrell, considers comparative international legislation, other Australian human services legislation and relevant international law standards, and argues that any new homelessness act must be founded on progressively realising the right to adequate housing.

Discrimination Claim - Acknowledging the Rights of Carers
Ms. X contacted the Law Institute Legal Assistance Scheme (LIVLAS) with a discrimination claim against her former employer on the grounds of carer status in the area of employment, and discrimination on the basis of unreasonably refusing to accommodate carer responsibilities in employment pursuant to the Equal Opportunity Act 1995 (Vic). She had been working for her employer for nine years and recently applied for carers leave to travel overseas for five months to look after her seriously ill elderly mother.

Her employer rejected her application despite the fact that her supervisor had initially advised that there should be no problem for her having a minimum of four months leave, that she had shown great commitment to the workplace for the nine years, and that the situation for her mother was not only critical but that Ms. X was the only one who could care for her. Under the circumstances, Ms X felt she had no choice but to leave the country to care for her mother. Consequently, she was dismissed.

Ms. X could not afford a lawyer to represent her at VCAT for her discrimination claim, spoke very limited English, and was deeply distressed by the whole situation. Fortunately, LIVLAS was able to arrange pro bono representation for Ms. X by referring the matter to George Spiliotis of GSM Lawyers. Mr. Spiliotis managed to negotiate a settlement for Ms. X that she was extremely happy with. As a result her daughter wrote to LIVLAS stating: 

‘We would like to convey our deepest gratitude to Mr George Spiliotis , who assisted us through this legal case. We are deeply touched by his willingness to fight for the less fortunate members of the society. He met us on a number of occasions to gather information about this case. His actions make us realise, even in this fiercely competitive world, there are people who care.’

Family law
Ms O is a young mother with bipolar and personality disorders and a history of past drug abuse. After separating from her ex-partner in 2006 the Family Court made orders that their young child was to live with the father and Ms O was allowed to spend time with her child on certain days. The contact regime was quite restrictive so Ms O applied to the Family Court in order to spend more time with her child. The Victorian Bar Pro Bono Scheme (VBPBS) referred the matter to Shawn Brown of Counsel for representation in the Family Court.

Ms O provided forthright evidence in relation to her past and her present efforts in coming to terms with her drug addiction. Counsel made submissions reinforcing Ms O’s evidence and alerted the Court to Ms O’s preparedness to obtain counseling with respect to the issues she faced. After hearing the evidence, the Judge agreed with Counsel’s submissions and the matter was adjourned for nine months so that Ms O could access appropriate services to address her needs and deal with an outstanding criminal matter. The Judge agreed that provided Ms O could achieve her goals, the existing regime was not in the child’s best interests.

This case summary demonstrates the challenges faced by clients as a result of Victorian Legal Aid’s restrictive guidelines where the fee cap has been reached. It is clear that Ms O required legal assistance and without the generosity of pro bono representation she may not have reached this result.