• Aboriginal Incarceration Working Group 
• Learning & Development Reference Working Group
• Working Group on Education Act Prosecutions
• Working Group on Housing Law
• Working Group on Disasters and Emergencies
• Working Group on Employment Law Services
• Working Group on Rural, Regional and Remote Lawyers
• Working Group on the Legal Needs of Prisoners
• Working Group on the Legal Needs of Older People
• Working Group on Mental Illness and Access to Legal Services
• Working Group on Interpreter Services
• Working Group on Care and Protection
• Working Group on Access to Justice for Culturally and Linguistically Diverse Communities
• Working Group on Access to Civil Law for Aboriginal People
• Working Group on Conflict of Interest

Aborignal Incarceration Working Group 

The Aboriginal Incarceration Working Group aims to develop strategies and plans (within the capacity of NLAF and its members) to address the problem of Aboriginal overrepresentation in NSW adult prisons by focusing on breaches of conditional liberty.

Convenor:

Brendan Thomas, Chief Executive Officer, Legal Aid NSW

Terms of Reference:

BACKGROUND:

In recent years, the NSW adult prisoners’ population has increased despite the decrease of juvenile prisoners’ population. Data from the NSW Bureau of Crime Statistics and Research (BOCSAR) indicate that the rate of increase is higher in Aboriginal adults than in the general adult population, and this disparity is worse for Aboriginal women (83% over 5 years) compared to the Aboriginal male population (40%).

NSW data also indicates a disparity between the remand population and the sentenced-prisoners’ population. While both populations are increasing, the remand population is increasing at a much higher rate. The bail refusal rate at first court appearance in the Aboriginal population (around 23%) is much higher than in the general population (around 12%), and this rate is increasing.

BOCSAR data shows that there is an increased number of first court appearances (i.e. new matters, by about 37%) from 2013-2018 in NSW. It seems that police are increasing enforcement or detection. It’s suspected that increased volume of matters in court is a contributing factor to increasing population. One of the most common offences in court are justice offences (including breach of AVO, suspended sentences & community orders). 

The Australian Law Reform Commission’s 2018 report ‘Pathways to Justice–Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples’ (ALRC Report 133) is the most recent review of the drivers of over-representation of Aboriginal and Torres Strait Islander people in detention. It contains 35 recommendations designed to reduce the disproportionate rate of incarceration of Aboriginal and Torres Strait Islander peoples and improve community safety. 

AIM:

To develop strategies and plans (within the capacity of NLAF and its members) to address the problem of Aboriginal overrepresentation in NSW adult prisons by focusing on breaches of conditional liberty.

OBJECTIVES:

 To identify the key factors and drivers of breaches of conditional liberty.

1. To develop strategies and plans to reduce breaches of bail.
2. To develop strategies and plans to ensure appropriate conditions of orders.

3. To develop strategies and plans to address any other key drivers identified.

Reports:

• NLAF Reports 

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Learning & Development Reference Working Group

The Learning and Development group provides a forum for interagency collaboration on learning and development initiatives in the community and justice sector.

Convenor:

CLCNSW Capacity Building Coordinator, Laurel Draffen (9212 7333)

Terms of Reference

The Learning and Development Group aims to improve the planning and coordination of training for lawyers and non-lawyers in the government and community legal assistance services sector of NSW.

The Group provides a forum for exchange of information amongst workers who are responsible for, or interested in, providing or facilitating learning and development opportunities in the sector.

The group will:

• identify the availability of learning and development programs of member organisations;
• identify learning and development (including training) needs of stakeholders in the government and community legal assistance services sector and the capacity of members to meet these needs; and
• collaborate and provide a coordinated approach to meeting these needs.

The group is convened by Community Legal Centres NSW and reports to the NSW Legal Assistance Forum.

Reports

• NLAF Reports

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Working Group on Education Act Prosecutions

Convenor: Annmarie Lumsden, Director Crime, Legal Aid NSW

Working Group: Established March 2015 and concluded June 2017

Terms of Reference

The Education Act Working Group aims to improve access to legal services (in particular legal advice and representation) for parents and children involved in Compulsory School Order (CSO) proceedings in the Children’s Court and Education Act prosecutions (EA prosecutions) in the Local Court.

The Working Group will note the particular issues arising out of Education Act litigation in disadvantaged communities in regional and remote NSW.

Objectives:

The Working Group will:

1. Map the programs and service providers (NSW and Commonwealth-funded) that are currently addressing truancy and school attendance in NSW.
2. Collect and collate case studies illustrating the need for improved practices, processes and collaboration around CSO proceedings and EA prosecutions.
3. Clarify and promote the availability of legal services in CSO proceedings and EA prosecutions – including raising awareness with the legal profession, Courts, schools, community workers and the Department of Education and Communities and Police Force of NSW.
4. Engage with the Department of Education and Communities and the Courts to settle agreed procedures for conducting litigation in relation to CSO proceedings and EA prosecutions, including:
   1. exploring practical and workable procedures in relation to listing arrangements
   2. clarifying practices and jurisdiction in relation to the issuing of bench warrants.

Reports and Information

• NLAF Reports
• Resources

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Working Group on Housing Law

Convenor: Ed Santow, CEO Public Interest Advocacy Centre

Working Group: Established March 2013 and concluded March 2014

Terms of Reference

To provide a platform for organisations in the housing and legal sector to work together in a cooperative and collaborative manner to sustain the tenancies of vulnerable people (particularly people with mental health issues) at risk of homelessness who are living in social housing.

Initially, the focus of the working group will be limited to the social housing sector.  Further into the terms of its operation, the Working Group will consider revising and expanding its terms of reference to include tenancies of vulnerable people who are in the private rental market.

Objectives:

Identify and promote best practice

1. Identify practices / systems / models of service provision that are successful in supporting vulnerable people at risk of homelessness to maintain and sustain their tenancies.  These practices may involve:
   • a coordinated, multi disciplinary approach to the provision of tenant support services; and/ or
   • a 'client centred' approach to the delivery of those services so that they 'wrap around the client'  .
2. Promote and encourage implementation of these examples of best practice across the social housing sector of NSW so that 'best practice' becomes 'business as usual'.

Engage with Housing NSW

3. Engage with Housing NSW to develop a constructive working relationship in which to address the housing related legal issues of tenants living in social housing.
4. Engage with Housing NSW to facilitate access to assistance (both legal and non legal) for tenants at risk of losing their tenancy.

Housing and Mental Health Agreement

5. Investigate the progress that has been made towards implementing the Housing and Mental Health Agreement.
6. Engage with Housing NSW and Health NSW in relation to the implementation of the agreement.  For example, participation in Housing and Mental Health District Implementation and Coordinating Committees (DIACCs) and the development of their workplans.

Collect data about tenant experiences and map express legal need

6. Develop a data base of case studies that illustrate:

• the difficulties / barriers / challenges to sustaining a tenancy (including case studies involving CTTT decisions that impact adversely on the continuation of social housing tenancies); and
• successful maintenance of a tenancy,

for vulnerable people at risk of homelessness living in social housing (and renting in the private rental market, if it is reasonably practical to collect this data).

7. Develop a protocol for capturing these case studies across the sector.
8. Map express demand for assistance with housing law issues in NSW.

Repairs

9. Facilitate and support the roll out across NSW of work done to date in relation to education and assistance to social housing tenants about maintenance and repairs issues.

Reports and Information

• NLAF Reports
• Resources

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Working Group on Legal Response to Disasters and Emergencies

Convenor: Jane Pritchard, Manager, Review and Strategy, Legal Aid NSW

Working Group: Established November 2011 and concluded March 2013

Terms of Reference

To ensure an effective legal response in the event of a major natural disaster or emergency in NSW

The Working Group will endeavour to:

1. Prepare a NLAF briefing paper on legal response to disasters and emergency based on the experience of other States and research
2. Propose a governance structure, plan/checklist and updating mechanism to enable an effective co-ordinated response for the NLAF members approval
3. Develop a set of recommendations to NLAF regarding an emergency legal help co-ordination webpage and other collaborative tools

Reports and Further Information

• NLAF Reports
• NLAF Resources
• Plain Language Resources for victims of natural disasters
• Disaster and emergency resources

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Working Group on Employment Law Services

Convenor: Monique Hitter

Working Group: Established September 2010 and concluded December 2011

Terms of Reference

The aim of the NLAF Employment Law Services Working Group is to examine ways of increasing employment law services for socially excluded people in NSW. The Employment Law Services Working Group will endeavour to achieve its aim by undertaking the following tasks:

The working group will operate for a period of 12 months (subject to any decisions of the group to recommend that NLAF vary this timeframe).

Reports and Further Information

• NLAF Reports
• NLAF Resources
• Employment Law Resources

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Working Group on Rural, Regional and Remote Lawyers

Convenor: John Dobson, President of the Law Society of NSW

Working Group: Established February 2009 and concluded December 2012

Terms of Reference

  The NLAF RRR Working Group aims to develop and promote initiatives to address the difficulties in recruitment and retention of lawyers in rural, regional and remote NSW and endeavours to ensure that recruitment and retention strategies are evidence based and involve the collaboration of stakeholders in the justice sector.

In 2012, the Working Group will:

1. Provide support to the Law and Justice Foundation to undertake the research relating to the monitoring of vacancies in the public legal sector in NSW and respond to the research findings;
2. Act as an advisory committee for the Legal Aid NSW Regional Outreach Clinic Program;
3.    (a)   Finalise a proposal to:

- enable internet based delivery of legal services; and

- attract and retain professional staff,       

              in remote Western NSW;

(b)  Promote the proposal to Commonwealth Attorney General’s Department; and

         (c)  In the event that a proposal is funded, act as the Steering Committee for the project.

4. Promote the activities of the working group (including research, and strategic approaches to professional development initiatives for lawyers in RRR areas) at a national level.

Reports and Further Information

• NLAF Reports
• NLAF Resources
• Resources about recruitment and retention of lawyers in RRR areas
• Suggested strategies for recruitment and retention of lawyers in RRR areas

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• Final Report to NLAF
• Report to NLAF – May 2010
• Report to NLAF – March 2010
• Report to NLAF – August 2009
• Report to NLAF – May 2009
• Report to NLAF – February 2009
• Taking justice into custody: the legal needs of prisoners – summary report
• Report on the Legal Needs of Prisoners Forum – October 2008

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1. To develop a response to the recommendations made in the report of the Inquiry into Older People and the Law (September 2007)
2. To share information on new and existing services
3. To support the Older Persons Legal and Education Program in appropriate ways

1. To collect and collate information about current strategies being implemented and best practice models to improve access to legal services for people with mental illness.
2. To disseminate to public legal assistance services through NLAF information about best practice in the provision of legal services to people with mental illness.
3. To develop proposals to implement best practice across public legal assistance services in the delivery of legal and related services to people with mental illness.
4. To identify particular aspects of civil and criminal law that may impact on legal rights for people with mental illness.
5. To identify and develop links to related mental health initiatives.

1. Availability of interpreters
   – availability of interpreters in new and emerging languages
   – availability of Auslan interpreters
   – availability of free interpreters for clients of community legal centres
2. Quality of interpreting services
   – training for interpreters working in the legal system
3. Appropriate use of interpreters
   – training and resources for the legal sector in working with interpreters

• Analysis of service providers
• Co-ordination of training to ensure effective referrals for care and protection issues
• Development of a Communication Strategy to inform legal and nonlegal agencies about care and protection services.

• Report to NLAF – May 2009
• Report to NLAF – February 2009
• Report to NLAF – November 2008

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• identifying at least one local metropolitan area, and facilitating a process of cross-agency interaction, through information sharing and identification of partnership opportunities
• encouraging best practice in reaching CALD communities

1. Develop and implement strategies to address the unmet needs of Aboriginal people in NSW in relation to access to civil law services.
2. Evaluate the use and effectiveness of the Guide to Legal Services for Aboriginal People in NSW and the ACT.
3. Implement strategies to improve access to pro bono services for Aboriginal people in NSW.