PILCH has had a very busy first half of the year. Many of you joined us in May at the very successful Annual Human Rights Dinner, which we co-host with our colleagues at the Human Rights Law Centre. Once again the dinner was a sell-out, with over 300 people enjoying hearing from Australian of the Year Simon McKeon and ACOSS CEO Cassandra Goldie. And almost 450 people registered to participant in our Walk For Justice, raising $9,000 to assist PILCH to cover the costs of disbursements in pro bono matters.

In March, I visited the USA to attend the annual Pro Bono Institute Annual Seminar and to meet with colleagues at pro bono clearing houses in Washington DC and New York. It was particularly exciting to visit New York Lawyers for the Public Interest, one of the organisations that inspired the development of Victoria PILCH almost 20 years ago. They are very proud of their part in our history and very pleased to hear of our successful growth. I also met with the Lawyers Alliance in New York, which similarly was an important model for the development of PilchConnect. Ongoing links have been forged with both organisations, including the exchange of information, resources and ideas.

It has been a very busy time for our Referral Team, which manage the LIV Legal Assistance Scheme and the Victorian Bar Pro Bono Scheme. We have seen high demand for assistance in employment law, family law and civil claims. We have also been working closely with the Victorian Bar and Victoria Legal Aid to provide assistance to asylum seekers who are seeking judicial review following the M61 High Court case earlier this year. PilchConnect has also experienced increased demand for assistance, with inquiries up 43% compared to last year.

PILCH has also recently completed a Strategic Operating Framework. This document describes how PILCH works and the way we are structured to support this. It will help to guide us in our current work and form the basis for the development of our new strategic plan in 2012.

Finally, PILCH has recently relaunched Friends of PILCH. This is a way that you can support our work and network with others who are passionate about human rights and access to justice. Over the years, hundreds of lawyers have volunteered at PILCH, been seconded to PILCH or have done pro bono work for our clients. By becoming a Friend of PILCH, you'll have the chance to come along to several social networking events that we will hold throughout the year to meet likeminded colleagues from all areas of the legal profession. You'll also get a chance to purchase tickets for our sell out Human Rights Dinner and Law and Social Change Dialogue events from a special Friends of PILCH allocation. But most importantly, you'll be able to show your solidarity with PILCH and the marginalised and disadvantaged people we work to assist. More information about signing up to be a Friend of PILCH can be found on our website.

^{- Fiona McLeay, PILCH Executive Director}

In November 2010, the full bench of the High Court unanimously rejected the federal government's attempt to keep asylum-seekers on Christmas Island outside the protection of Australian law.
In its ruling in Plaintiff M61/2010E v Commonwealth and Plaintiff M69/2010 v Commonwealth [2010] HCA 41, the High Court determined that two Sri Lankan Tamil asylum-seekers, M61 and M69, had been denied procedural fairness.

The Justices found that when the government is reviewing a refugee status assessment as part of an ‘offshore processing regime', it is an error of law to fail to treat provisions of the Migration Act 1958 (Cth) and the decisions of Australian courts as binding.

The ruling confirms that the Minister for Immigration and Citizenship acts under the Migration Act and thus the administrative decisions made by and for his department must observe that Act, and also accord procedural fairness, natural justice and comply with the law. The case did not directly deal with the legality of ‘detention' itself. But it does show that it is no longer plausible for the government to treat the claims of refugees arriving by sea to a lesser standard of legal process than those arriving any other way.

Since the landmark decision, Victoria Legal Aid (VLA), the Refugee and Immigration Legal Centre (RILC), the Asylum Seeker Resource Centre (ASRC), the Victorian Bar, and PILCH have been assisting people electing to exercise their judicial review rights.

The most recent publicly available information from the Department of Immigration and Citizenship reports, in mid-February 2011, that there were 5727 people going through the offshore determination process. The Department's 2009-10 annual report indicates that approximately 55 per cent of offshore applications resulted in the grant of a protection visa. Based on these figures, it seems reasonable to assume that well in excess of 1000 potential judicial review applicants are, or are shortly to be, entitled to seek relief in the Federal Magistrates Court.

The challenge ahead for legal service providers is not only the number of ‘potential' applicants, but to ensure people have the necessary information, facilities and assistance available to them. To this end, PILCH and others are working with the Courts to address these concerns.

PILCH has also been active in developing a sector response in Victoria, with the possibly of extending this to a national level. PILCH believes that the success of any response must be a coordinated and collaborative one. PILCH has shown, with Bushfire Legal Help, that it is well placed to play a key role in meeting unmet legal need in challenging and crisis situations.

^{- Melanie Dye, Manager, Victorian Bar Pro Bono Scheme}

2011 CLC Fellowship - PILCH Senior Lawyer Michael McKiterick has been awarded the 2011 Victoria Law Foundation Community Legal Centre Fellowship. Michael's project - the volunteer cycle at CLCs - will evaluate how volunteer programs currently run within community legal centres and propose best practice models. 

Bankruptcy and Centrelink debts - PILCH has recently obtained some advice that might be of interest to CLC lawyers and financial counsellors who deal with clients who have bankrupted on Centrelink debts. Broadly, the advice indicates that Centrelink's practice of reinstating debts after a debtor is discharged from bankruptcy is not appropriate, and that Centrelink should be proving fraud against a debtor before reinstating any debts that were incurred prior to bankruptcy. PILCH has been circulating a fact sheet on this issue to the sector, which can be accessed here.

Lord Goldsmith visit - On 26 May 2024 PILCH and the Human Rights Law Centre hosted Lord Goldsmith QC PC, Attorney-General of England and Wales and Northern Ireland between 2001 and 2007. Lord Goldsmith addressed various members of the pro bono community on the pro bono landscape in the UK and his stewardship of the Attorney General's Pro Bono Coordination Centre. Of particular interest to the group, Lord Goldsmith explained the history and operation of the Access to Justice Foundation, a prescribed charity under section 194 of the Legal Services Act 2007 (UK), which receives and distributes costs orders paid to litigants represented by pro bono services. Costs are paid into the Access to Justice Foundation, which distributes the funds to community legal centres and charitable organisations that support and foster pro bono. This legislation overcame the limits on costs recovery imposed by the indemnity principle. According to Lord Goldsmith, the Foundation provides a unique means of funding access to justice initiatives at no cost to the government.

World Elder Abuse Awareness Day - PILCH hosted a legal seminar on family agreements presented by Brian Herd to mark World Elder Abuse Awareness Day on 15 June 2011. Elder abuse is the mistreatment or neglect of an older person committed by someone they trust. Elder abuse can be financial, physical, social, emotional, sexual or psychological. Research indicates that between 3% and 6% of people over 65 years of age have experienced some form of abuse. PILCH is proud to be a joint venture partner of Seniors Rights Victoria, a Victorian government funded specialist elder abuse service established to assist older Victorians in relation to elder abuse and issues associated with ageing and safeguard the rights, dignity and independence of older Victorians.

Introduction to building and construction - July TBC
This free PILCH training session for referral, clinic and CLC lawyers aims to give attendees an overview of Building and Construction matters, including:

• When does a lawyer get involved?
• What are the processes: reports (including costings of), timeline of proceedings
• The role of Consumer Affairs Victoria
• Background on insurance claims

More information will be available on our website shortly.

Human Rights and Anti-discrimination law and your community organisation
PilchConnect's next CBD seminar for not-for-profit organisations will focus on what community groups need to know to ensure that they comply with their legal obligations, and meet best practice standards, in the topical areas of Human Rights and Discrimination. This seminar will take place on 20 July 2011, and is generously presented and hosted by Russell Kennedy - details of the seminar are here.

Regional training in partnership with VCOSS
PilchConnect is delighted to be working in partnership with the Victorian Council of Social Service (VCOSS) in 2011 to deliver a rural and regional training program on the legal roles and responsibilities of committee and board members of not-for-profit organisations. In the second half of 2011, PilchConnect will deliver training sessions in a variety of locations, including Torquay, Morwell, Shepparton and many more. Further information on this seminar series is available here.

Seniors Rights Legal Clinic Training
SRLC's fifth lunchtime induction training session was held on Thursday 16 June 2024 at Lander & Rogers, where Bae Bastian, Legal Counsel for the Financial Ombudsman Service, spoke about the FOS's experience with financial abuse disputes. Upcoming training sessions will be held on 28 July and 18 August 2024, with more information available closer to the date.

Review of the Charter of Human Rights and Responsibilities Act 2006
On 10 June 2011, PILCH made a submission to the Scrutiny of Acts and Regulations Committee (SARC) as part of the Inquiry into the Charter of Human Rights and Responsibilities Act 2006. The PILCH submission addressed aspects of the Charter's operation that PILCH has observed in its role as a clearing house for public interest pro bono work. Read online.

Charting the Right Course
The HPLC also made as submission to the SARC Inquiry. The HPLC's submission, Charting the Right Course, has provided evidence that Victoria's Charter of Human Rights and Responsibilities has resulted in real, fair and just outcomes for people who are homeless or at risk of homelessness. Read the submission

Comment on City of Melbourne Draft Annual Plan and Budget 2011-12
The HPLC has written to the City of Melbourne, acknowledging its budgetary commitments to address (and ultimately end) homelessness within the municipality. Read the letter

HPLC welcomes funding for homelessness services
The HPLC welcomed continued funding for its vital services in the Victorian budget. Attorney General Robert Clark announced $9 million in funding for community legal centres, including the HPLC. Read the statement

Guardianship Review
The SRLC coordinated the SRV Submission to the Victorian Law Reform Commission's review of Guardianship Consultation Paper 10 with assistance from lawyers from PILCH member firm Baker & McKenzie. SRV advocated for, among other things, a substituted decision approach rather than best interests approach and additional accountability mechanisms to monitor the actions of substituted decision makers. Read online.

Volunteers and the Equal Opportunity Act 2010
In May 2011, the Victorian Equal Opportunity and Human Rights Commission released an Issues Paper titled 'Volunteers and the Equal Opportunity Act 2010'. The paper summarises the application of Victoria's anti-discrimination laws to volunteers, and identifies potential barriers to volunteering covered by the Equal Opportunity Act. PilchConnect provided a submission in response to the Issues Paper, highlighting the need for clarity and not-for-profit specific guidance on the application of the Act in respect of volunteers. Read online.

Better targeting of not-for-profit tax concessions
PilchConnect is preparing its submission to the Federal Government's discussion paper titled ‘Better targeting of not-for-profit tax concessions', which raises questions about the most appropriate approach to the application of tax concessions for unrelated commercial activities of charitable institutions. The paper is released in response to the High Court's decision in Federal Commissioner of Taxation v. Word Investments Ltd. The consultation is the latest development in a string of recent policy announcements from the Assistant Treasurer, who has also announced the establishment of an independent regulator for the not-for-profit sector, and the introduction of a statutory definition of charity.

ATO Draft Ruling
PilchConnect is considering its response to the recent Draft Ruling from the Australian Taxation Office (ATO) titled, ‘Income tax and fringe benefits tax: charities'. The Draft Ruling sets out the ATO's view on when an organisation or fund will be considered ‘charitable' for the purposes of tax concessions. The Draft Ruling pays particular attention to the role of advocacy, lobbying and political purposes when assessing charitable status, as this is the area most impacted by the High Court's decision in Aid/Watch Inc v. Federal Commissioner of Taxation. PilchConnect seeks to ensure the Draft Ruling accurately reflects and endorses the High Court's views.

In the past few months, PILCH has written or contributed to the following media and publications:

Not-for-profit organisations to finally have dedicated regulator, Keeping Good Companies, the journal of Chartered Secretaries Australia, June 2011. PilchConnect lawyers Nathan MacDonald and Phoebe Duggan provide a summary of the Government's announcement to establish an independent regulator for the not-for-profit sector, including key challenges for its success. Read online.

Pro bono: Getting global pro bono perspective, Law Institute of Victoria Journal June 2011 - HPLC manager/principal lawyer James Farrell and PILCH Executive Director Fiona McLeay write on 'getting global pro bono perspective' in this month's Law Institute Journal. Read the article [LIV members only]

National Human Rights Action Plan provides opportunity to end homelessness, Human Rights Action Plan June 2011 - HPLC manager/principal lawyer James Farrell blogs that homelessness is a human rights issue, and the National Human Rights Action Plan provides a great framework to end homelessness. Read the article

Media Conference re Charter Submissions June 2011. HPLC lawyer Lucy Adams participated in a media conference with the Human Rights Legal Centre on Charter submissions.

Done By Law: Public housing and human rights. HPLC senior lawyer Chris Povey recently spoke to Done By Law about public housing and human rights. Listen to the podcast

Justice profile: James Farrell, Community Law Newsletter Autumn 2011. HPLC manager/principal lawyer James Farrell is profiled in the latest edition of the Community Law Newsletter. Read the article

The Penalisation of People Living in Poverty, Right Now May 29 2011. HPLC manager/principal lawyer James Farrell writes for Right Now, on the penalisation of people living in poverty. Read the article

Homelessness and Human Rights, Right Now Radio, May 18 2011. HPLC lawyer Lucy Adams spoke to Right Now Radio on 3CR Community Radio regarding homelessness, human rights and the Victorian Charter. Listen to the podcast.

The Criminalisation of begging 3AW Drive with Derryn Hinch, May 17 2011. HPLC manager/principal lawyer James Farrell speaks to Derryn Hinch about the criminalisation of begging. Listen to interview

Call for overhaul of begging laws, ABC News, May 17 2011. HPLC manager/principal lawyer James Farrell tells ABC news that "begging is a visible response to people being poor in our community", and that laws must be changed. Read the article

Counting the young homeless, SYN Radio, 5 May 2011. HPLC manager/principal lawyer James Farrell speaks to Panorama about the HPLC's concerns with ABS revisions to the 'Counting the Homeless' methodology. Listen to the interview

PilchConnect
In late 2010 PilchConnect was approached by a not-for-profit community organisation that provides support to individuals and families affected by cerebral palsy. The organisation had experienced significant growth since its establishment, and contacted PilchConnect seeking advice on the repercussions of extending their support services to families with disabilities other than cerebral palsy. In particular, the group sought advice on whether this expansion would threaten its existing entitlement to tax concessions. The organisation also requested assistance with formalising an employment relationship with carers that the service regularly engages for its clients. Holding Redlich Lawyers generously offered to assist the organisation on a pro bono basis. Through this assistance, the organisation has been able to take a comprehensive proposal to its Board for consideration which will allow the organisation to expand and provide greater services to individuals and families in need.