^{- Nathan MacDonald, Lawyer, PilchConnect - PILCH’s specialist legal service for not-for-profit community organisations}

The past 15 years represents an era of frustration for those involved in Australia’s $43 billion not-for-profit sector. Countless recommendations to reduce the regulatory burden on the sector have all too frequently been followed by inaction by successive governments. 

The vast majority of recommendations from back-to-back inquiries, studies and reviews have been placed in the ‘too hard’ basket, even though they all highlight the unnecessary complexity and red tape for not-for-profits.  The Australian Centre for Philanthropy and Nonprofit Studies estimates there have been more studies, reports and recommendations about the Australian charity sector than any other charity sector in the world. 

At a recent PilchConnect forum, Productivity Commissioner Robert Fitzgerald neatly summarised the sector’s frustration when he observed that it is “unacceptable that a sector that is so strong, so important, should have to argue and beg at the table of public policy in the way that it currently does”.

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Welcome to the August edition of PILCH Matters. As you read this, I have just clocked up 6 months in the role of Executive Director of PILCH.  I was very honoured to take over this role from my predecessors Kristen Hilton and Mat Tinkler in February.  Since then, I have thoroughly enjoyed getting to know the great staff team here, as well as many of you.  I have met with a great many of the wonderful supporters of PILCH, hearing your views about our work and talking about my vision for the organisation.  I am interested in any feedback from those of you I haven’t yet met personally, so please contact me if you have a perspective on PILCH that you would like to share.

As PILCH looks to the future, we are thinking about the best way to build an organisation that can respond to the changing needs of our community, to continue working towards this goal.  You may notice some changes already. We have created a new Referral Team, to better coordinate our pro bono legal referral work. Gregor Husper has been appointed as our new Director of Referral Services. We have also commenced a strategic review of the Homeless Persons’ Legal Clinic.  And Simone Cusack has been appointed Strategic Policy Coordinator, to help us develop more effective approaches to law reform and advocacy. 

Over the coming months, I hope that you will see fruits of these changes, through better service delivery to clients, and more effective advocacy.  I look forward to working with you.

^{- Fiona McLeay, PILCH Executive Director}

The Use of Caveats and Equitable Trusts in cases of Elder Abuse: Monday 6 September 2010. Presenter Richard Wilson of Counsel will discuss establishing an equitable interest, lodging a caveat and applications for removal of a caveat. Details are available here. 

PilchConnect training for not-for-profit community organisations: Privacy law - Kaman Tsoi, a senior associate with Freehills Lawyers in Melbourne, will provide training for not-for-profit community organisations on ‘How to deal with Private Information’ on Wednesday 8 September 2010. Details are available here. 

Charity lawyer’s conference: the inaugural Australian Charity Law Association Conference is to be held in Sydney on the 10-11 September 2010. Further details of the conference may be obtained from  Sue Woodward, Senior Lawyer, PilchConnect (03 8636 4430) or the Australian Charity Law Association’s secretariat – Julie McConnell (02 9466 5222).

Aboriginal Credit & Debt Clinics: In the June edition of PILCH Matters we reported on the first of the Aboriginal Credit and Debt Clinics, held in Shepparton on 19 May. Since then, PILCH has held two further clinics at the Ballarat and District Aboriginal Co-operative on 1 July and the Ramahyuck District Aboriginal Corporation in Morwell on 29 July. At the clinics, a team of pro bono lawyers from member firms took instructions from clients on a range of credit and debt legal issues, including fines and infringements, debts to utilities providers and Centrelink debts. Various social service providers attended the clinics, including financial counsellors, Consumer Affairs Victoria and Centrelink. A team of lawyers also visited Ararat Prison and Fulham Correctional Centre as part of the clinic. The fourth and final clinic was held in Mildura on 23 August. An evaluation of the project is being prepared to identify next steps for this work.

National Legal Profession Reform: In August 2010 PILCH made a submission to the Council of Australian Governments’ (COAG) National Legal Profession Reform Taskforce. PILCH commends reforms which will extend opportunities for all lawyers to volunteer at a community legal service. The submission makes recommendations for similar reform enabling all lawyers to engage in general pro bono legal practice, in particular corporate, government and non-practicing lawyers. Read online.

Associations Incorporation Amendment: PilchConenct’s submission to the Victorian Government on the Associations Incorporation Amendment Bill 2010 was recently referred to a number of times in debate on the Bill in the Victorian Parliament. Our submission was provided by the Department of Justice to Mr Greg Barber, Member of the Greens, who highlighted many of our concerns about the Bill in Parliament. In particular, our key concern – to ensure that the Associations Incorporation Act remains a simple, inexpensive incorporation regime for small, often voluntary-based community groups - was noted. You can read the Hansard here. 

Transforming VCAT: The HPLC recently made a submission on ‘Transforming VCAT’ which called for reforms to VCAT procedures to improve access to justice for homeless and other disadvantaged clients. Read online.

Drug-related Offending: The HPLC, together with the Council to Homeless Persons, made a submission entitled ‘The Impact of Drug-related Offending on Female Prisoner Numbers’ to the Drugs and Crime Prevention Committee on the need to address homelessness issues in order to reduce drug-related offending amongst women prisoners. Read online.

Local Ways to Impact Globally, Law Institute Journal, July2010
PILCH Secondee Solicitor Andrea Wookey (Freehills) discusses the importance of extending pro bono services beyond Australian borders. 

Rights Watchdog Savages War on Knives, The Age, 29 July 2010
The HPLC is mentioned as a concerned party regarding the Brumby government’s broadening of police powers to crack down on knife crimes. Read online.

ABC Gippsland, 28 July 2024
HPLC lawyer Chris Povey comments on the growing credit/debt problem across Aboriginal communities.

Home Sweet Home, The Melbourne Times, 14 July 2010
HPLC Homeless Persons’ Liaison Officer Renee Sinclair talks about Victoria’s housing crisis. Read online

Media Release from Attorney General Rob Hulls, 14 July 2024
Mr Hulls promoted the Homeless Persons’ Liaison Project. Read online.

Human Rights and Homelessness, The Age, 7 July 2024
HPLC lawyer Lucy Adams argues that mental illness must be viewed not only as a cause of homelessness, but as an effect as well. Read online.

Tents are Home to Families, Bendigo Advertiser, 1 June 2024
HPLC lawyer Chris Povey comments on Victoria’s lack of sustainable accommodation. Read online.

Public housing transfer
Tom is a 66 year old man who was living in a public housing high rise in terrible conditions. He had death threats made against him, had been threatened with a knife and his neighbours suffered from serious mental health and alcohol and drug issues. As an older person, Tom felt very vulnerable and unsafe. He suffered from depression, anxiety, agoraphobia and was under severe stress. His application for an early housing transfer in 2008 was approved by the Office of Housing but he was told that he would have to wait at least 2 years for a property to become available.

Tom tried desperately to move from the high rise by engaging housing workers, applying to housing associations and writing to his local member of Parliament, but to no avail. Tom attended the HPLC on the advice of a case worker to see whether the HPLC lawyers could do anything for him.
HPLC lawyers wrote to the Office of Housing setting out Tom’s distressing living conditions and the impact this was having on his well-being. The lawyers argued that allowing Tom to continue living in the high rise would be a breach of his human rights under the Victorian Charter of Human Rights, namely his right to live with human dignity and his right to security of person. Just over a week later, the Office of Housing contacted Tom to let him know that a low density property was available in the area he requested. Tom was delighted and moved in soon after. The case also highlights institutional policy issues with Victoria's public housing system which the HPLC is addressing in its systemic advocacy.

NFP subpoena compliance
PilchConnect was recently approached by a not-for-profit community organisation which provides advocacy and support for women who have experienced family violence. The organisation had received a subpoena for its files in relation to a family law matter. They had also received a separate letter from the legal representatives of their clients’ former partner requesting them to take certain action regarding their client. The organisation was seeking legal advice on its obligations to comply with the subpoena and the separate request letter. PILCH member firm Robinson Gill accepted referral of this matter at short notice, the paperwork was faxed to their office and they provided legal advice to the client on both matters within one day. The referral was a good illustration of how quick access to legal help can benefit both the community organisation (which was able to comply with its legal obligations relating to the subpoena) and their client (whose interests were protected by the community organisation receiving advice about the matter).  

Australian Catholic Religious Against Trafficking in Humans
PILCH is assisting the Australian Catholic Religious Against Trafficking in Humans (ACRATH), a not-for-profit seeking to obtain compensation for victims of human trafficking to assist them to rebuild their lives. One avenue for compensation that is being explored is the Victims of Crime Assistance Tribunal (VOCAT). 

Applications by victims of human trafficking fall outside the usual types of VOCAT application. The applications will therefore require particular attention and legal assistance. ACRATH is also concerned that if each victim needs to start from scratch in convincing VOCAT that they are eligible to apply for compensation, applicants will be 'reinventing the wheel' each time, which could lead to inconsistent results. ACRATH wishes to make the process more accessible and less daunting for victims of human trafficking.

PILCH referred ACRATH to Allens Arthur Robinson (Allens). Allens is assisting ACRATH to prepare and lodge VOCAT applications for several human trafficking victims and to create a set of resources and precedents that can be used by other victims of human trafficking to apply for VOCAT compensation.  Further avenues for obtaining compensation and support for victims of human trafficking will be explored at a roundtable forum to be convened by Allens and ACRATH in August. The roundtable will bring together a range of people with expertise in the area, including barristers and solicitors, a judge, representatives of government departments, academics and social workers. Allens is hosting the forum and is preparing a briefing paper for forum participants. Following the forum, Allens will assist ACRATH to analyse the results of the forum and to identify appropriate legal avenues to further assist victims of human trafficking.

^{If you would like to find out more about the round table forum, email Christine Carolan of ACRATH at c.carolan@goodshep.com.au.}