Community legal centre explained

A community legal centre (CLC) is the Australian term for an independent not-for-profit organisation providing legal aid services, that is, provision of assistance to people who are unable to afford legal representation and access to the court system. They provide legal advice and traditional casework for free, primarily funded by federal, state and local government. Working with clients who are mostly the most disadvantaged and vulnerable people in Australian society, they also work with other agencies to address related problems, including financial, social and health issues. Their functions may include campaigning for law reform and developing community education programs.

The peak body is Community Legal Centres Australia. CLCs are the equivalent of law centres in the UK and community law centres in New Zealand.

There are eight Aboriginal and Torres Strait Islander Legal Services (ATSILS), with similar characteristics to CLCs.

There are also eight Legal Aid Commissions (LACs), which are state and territory government agencies, such as Victoria Legal Aid, which administers Commonwealth and state government funding of CLCs.

History

The Aboriginal Legal Service was founded in 1970 in Redfern, Sydney, to provide services to Aboriginal Australians, and was the first free legal service in Australia. CLCs were subsequently established in Victoria in the early 1970s and spread quite rapidly to other states and territories. Although from the outset they shared some similarities with the already established American "neighbourhood law offices" and British law centres, in their insistence upon effecting systemic change and their largely voluntary support base they had characteristics distinct from each. They grew out of broader concerns for social justice that gained momentum in the 1960s and which found expression in the anti-war and women's movements, Aboriginal rights campaigns, and other pushes for far-reaching social change in both the Australian and global contexts.[1] However, CLCs are a unique expression of these social justice and protest movements and do not claim particular ties to any other campaigns. Throughout their history different CLCs have usually held common platforms in only general, rather than specific, terms.

When the first Victorian CLCs were established, they were often resisted by a legal establishment that was defensive about CLCs' criticisms of the elitism or inaccessibility of the legal professions, suspicious of CLCs' aims and methods, and concerned about protecting profits.[2] However, soon after the Fraser government came to power in December 1975, some members of the wider legal profession had begun to acknowledge the importance of CLCs in improving the public's access to the law.[3]

Throughout the 1980s and 1990s, CLCs consolidated their position in the Victorian and wider Australian legal landscape, forging ties with different government and legal organisations (such as various state legal aid commissions).

Today

CLCs are independent, not-for-profit, community-based organisations providing a range of services to people in Australia, including people experiencing discrimination and disadvantage., there are about 180 CLCs. Community Legal Centres Australia is the umbrella organisation for eight state and territory CLC associations.[4] While some CLCs have developed close links with others, centres, for the most part, serve their own particular geographic or special interest communities, such as family law and family violence, credit and debt, consumer law, social security, migration, tenancy law, discrimination, employment law and child protection. Some centres focus on providing services for particular segments of the population, such as women, refugees and asylum seekers, older persons, children and youth, people with disabilities or Aboriginal and Torres Strait Islander people.[5]

Centres provide various legal services, including legal advice and traditional casework, to individuals at little or no cost, as well as undertaking early intervention and preventative strategies, such as community education and development in legal skills, and engaging in advocacy for policy and law reform.[4] They emphasise the demystification of the law and the empowerment of communities in their relation to the law, particularly by encouraging communities to be involved in their activities.[6]

They develop and facilitate partnerships between providers of legal assistance and legal and non-legal services (such as domestic violence organisations, community health organisations, housing services, drug and alcohol services).[4] They may also undertake test case litigation, critique police powers and behaviours, and monitor prisons systems and conditions.

Equivalent services are provided in the UK by law centres[7] and in New Zealand they are called community law centres.[8]

Funding

Community legal centres are partly funded by a complex and variable mix of state and federal government monies, offered both directly (such as through grants) and indirectly. They are also funded by the proceeds of casework. However, they rely heavily upon the efforts and support of extensive volunteer networks, both lawyers and non-lawyers, to staff them without payment, without whom they would not survive.

Reviews of the National Partnership Agreement on Legal Assistance Services 2015-2020 (NPA) and the Indigenous Legal Assistance Program (ILAP)[9] were undertaken in 2018. On 2 April 2019 the Attorney-General, Christian Porter, said that "guaranteeing stable and long-term funding certainty for legal services delivered by Legal Aid Commissions (LACs), Community Legal Centres (CLCs) and Aboriginal and Torres Strait Islander Legal Services (ATSILS) was part of the [Morrison] Government's plan for a stronger economy" and baseline funding would be increased from in 2019-20 to (indexed) ongoing from 1 July 2020. The announcement included plans for a single national mechanism to deliver legal assistance funding from 1 July 2020.[10]

The 2018 reviews informed the National Legal Assistance Partnership (NLAP) 2020-25,[11] which supports the "National Strategic Framework for Legal Assistance",[12] published in 2019. This document outlines six guiding principles, and also states: "The principles of the National Strategic Framework should be applied consistently in a manner which supports self-determination and the National Partnership on Closing the Gap".[13]

NLAP, a national partnership agreement between the Australian Government and all states and territories for all legal assistance funded by the federal government, provides funding for services delivered by: LACs, CLCs, and ATSILS.[14] An independent review of NLAP has been undertaken, with the final review to be published on 29 February 2024.[15]

National CLCs

By state and territory

Australian Capital Territory

Community legal centres in the Australian Capital Territory include:[19]

New South Wales

Community law centres in New South Wales include:

Northern Territory

CLCs serving the Northern Territory include:[30]

Queensland

Queensland has a large number of CLCs, many of which provide services to their local area. Some of those which provide services statewide include:[36]

The peak body for CLCs in Queensland is Community Legal Centres Queensland (CLCQ).

South Australia

Community Legal Centres South Australian Inc. (CLCSA) is the peak body for all Community Legal Centres in South Australia.[46] There is a network of centres which are allocated to different zones across the state,[47] as well as specialist services which focus on areas such as homelessness, Aboriginal family violence, asylum seekers, women, consumer credit and other areas.[48]

The Aboriginal Legal Rights Movement (ALRM), founded as the result of a grassroots movement in 1972,[49] is an independent Aboriginal community-controlled organisation governed by an all-Aboriginal Board, which provides legal services as well as acting as an advocacy and lobby group for Aboriginal people across the state.[50] It has also operated the state's Custody Notification Service informally for some time, but the change in law to make it compulsory for SAPOL to notify ALRM only took effect on 2 July 2020, after the Black Lives Matter protests had highlighted the issue of Aboriginal Deaths in Custody.[51] [52] [53] The move was welcomed by ALRM, which had been lobbying for it for years.[54] ALRM also represents families at coronial inquests and runs an Aboriginal Visitors Scheme (AVS) in response to the Royal Commission into Aboriginal Deaths in Custody recommendation, to support Aboriginal people who have been taken into police custody.[55]

Tasmania

Statewide CLCs in Tasmania include:[56]

There are also regional CLCs in Hobart, Launceston and North West Tasmania.[56]

Victoria

In Victoria, the peak body is the Federation of Community Legal Centres.[57] Statewide specialist CLCs include:[58]

There are also a number of local centres including the Fitzroy Legal Service[59] which was established on 18 December 1972, making it Australia's first non-Aboriginal community legal centre.[60]

The Consumer Action Law Centre (CALC) is primarily a "campaign-focused consumer advocacy organisation", but also acts as a CLC by providing free legal advice and pursuing litigation on behalf of "vulnerable and disadvantaged consumers" across Victoria.[61]

Western Australia

ATSILS

Aboriginal and Torres Strait Islander Legal Services (ATSILS) are independent, non-profit, non-government bodies that provide a range of culturally sensitive services to Indigenous Australians. Their main focus is criminal and family law, and eligibility is limited to those on low incomes.[64] They also advocate for law and policy changes, such as those which have a bearing upon the high rate of Indigenous incarceration in Australian prisons. The Law Council of Australia is a strong ally.[65]

The Aboriginal Legal Service (NSW/ACT), established in 1970, was the first dedicated Aboriginal legal service,[65] and can be regarded as the first ATSILS. The Victorian Aboriginal Legal Service (established 1973[66]) has been providing legal services under contract in Victoria since April 2005, and the Aboriginal Legal Service of Western Australia for WA. The system was expanded to Queensland that June, and to additional States and Territories thereafter.[67]

NATSILS (National Aboriginal and Torres Strait Islander Legal Services) is the peak body,[68] representing:[69]

ATSILS and other stakeholders were alarmed by the announcement of the new single national mechanism for funding all legal services, to take effect from July 2020.[77] The Human Rights Law Centre, the Law Council and others called upon the government to retain ILAP.[78] [65] [79]

NATSILS

NATSILS, established in 2007,[80] has close links with the Coalition of Peaks, the SNAICC – National Voice for Our Children (formerly Secretariat of National Aboriginal and Islander Child Care[81]), National Family Violence Prevention Legal Services, Australian Council of Social Services (ACOSS), and the Law Council of Australia.[69]

the chair is Karly Warner, CEO of the Aboriginal Legal Service (NSW/ACT), and deputy chair is Nerita Waight, CEO of VALS.[82]

FVPLS

Australia has about 30 Indigenous Family Violence Prevention Legal Services (FVPLS).[68] [64] The National Family Violence Prevention and Legal Services Forum (National FVPLS Forum), established in May 2012, represents thirteen Family Violence Prevention Legal Service (FVPLS) member organisations.[83]

Legal Aid Commissions

Legal Aid Commissions (LACs) are state and territory independent statutory bodies which provide a range of services, including information, legal advice and representation in courts and tribunals. Information and services including telephone advice are often free of charge, but there is a means test for eligibility for legal representation.[68] They often assist those who need help with serious criminal law matters, or child protection and family matters involving a child's welfare.[64] Australia has eight Legal Aid Commissions:[84] [68]

See also

References

Notes and References

  1. [#Chesterman1996|Chesterman 1996]
  2. [#Chesterman1996|Chesterman 1996]
  3. [#Chesterman1996|Chesterman 1996]
  4. Web site: About Community Legal Centres . Community Legal Centres Australia . 29 August 2020.
  5. Web site: Find Legal Help . Community Legal Centres Australia . 29 August 2020.
  6. Paula O'Brien, 'Changing Public Interest Law: Overcoming the law's barriers to social change lawyering' (2011) 32 AltLJ 80.
  7. Web site: Home . The Law Centres Network . 30 August 2020.
  8. Web site: Our Law Centres . Community Law . 30 August 2020.
  9. Web site: Review of the Indigenous Legal Assistance Program. Christian. Porter. Christian Porter. 2 April 2018. Australian Government. Attorney-General's Department. 1 September 2020 .
  10. Web site: Budget increase provides funding certainty for legal assistance services (Media Release). 2 April 2019. Australian Government. Attorney-General's Department. 1 September 2020. Text was copied from this source, which is available under a Attribution 4.0 Australia (CC BY 3.0 AU) license.
  11. Web site: Reviews of the National Partnership Agreement on Legal Assistance Services 2015-2020 (NPA) and the Indigenous Legal Assistance Program (ILAP). Australian Government. Attorney-General's Department. 1 September 2020. Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0) licence.
  12. Web site: National Legal Assistance Partnership. Australian Government. 1 September 2020.
  13. Book: National Strategic Framework for Legal Assistance. Commonwealth of Australia . 978-1-921725-01-2 . 1 September 2020. Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0) licence.
  14. Web site: National Legal Assistance Partnership 2020-25. . 1 Feb 2024.
  15. Web site: The Independent Review of the NLAP . NLAP Preview . 27 October 2023 . 1 February 2024.
  16. Web site: About Us . Arts Law Centre of Australia . 26 September 2019 . 30 August 2020.
  17. Web site: About . Environmental Defenders Office . 1 July 2020 . 30 August 2020.
  18. Web site: Get Advice . Environmental Defenders Office . 26 May 2020 . 30 August 2020.
  19. Web site: Free legal advice providers . ACAT . 29 August 2020 . 29 August 2020.
  20. Web site: What is the Custody Notification Service? . Aboriginal Legal Service (NSW/ACT) Limited . 1 August 2018 . 29 August 2020.
  21. Web site: Legal Aid ACT – What We Do. www.legalaidact.org.au. 2015-05-01. https://web.archive.org/web/20150511012910/http://www.legalaidact.org.au/whatwedo/. 11 May 2015. dead.
  22. Web site: What We Do. www.youthlawact.org.au. 2015-05-01. https://web.archive.org/web/20150529084641/http://www.youthlawact.org.au/index.php/what-we-do. 29 May 2015. dead.
  23. Web site: UNSW Sydney . Kingsford Legal Centre . 30 August 2020.
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  25. Web site: About Us . rlc.org.au. 30 August 2020.
  26. Web site: Legal . Seniors Rights Service . 1 January 2020 . 30 August 2020.
  27. Web site: The history of the Tenants' Union . Tenants' Union . 30 August 2020.
  28. Web site: About our work . Tenants' Union . 30 August 2020.
  29. Web site: About Us . Women's Legal Service NSW . 30 August 2020.
  30. Web site: Other legal links . Law Society Northern Territory . 30 August 2020 . 30 August 2020.
  31. Web site: About Us . Darwin Community Legal Service . 30 August 2020.
  32. Web site: Annual Report 2018/2019. NAAJA. North Australian Aboriginal Justice Agency. 29 August 2020.
  33. Web site: Aboriginal Legal Aid Services . NT Legal Aid . 2 June 2020 . 29 August 2020.
  34. Web site: Custody Notification Service . North Australian Aboriginal Justice Agency (NAAJA) . 29 August 2020.
  35. Web site: Our History . Top End Women's Legal Service . 30 August 2020.
  36. Web site: Browse directory . Community Legal Centres Queensland . 30 August 2020.
  37. Web site: 2019-10-03 . Welcome to BRQ - Basic Rights Queensland . 2022-10-19 . en-US.
  38. Web site: Caxton Legal Centre . 2022-03-21 . Caxton Legal Centre . en-AU.
  39. Web site: LawRight – Access Justice . 2022-03-21 . en-US.
  40. Web site: Free Lawyers in Brisbane and Queensland . LGBTI Legal Service . 29 April 2020 . 30 August 2020.
  41. Web site: My Community Legal Inc Free Community Legal Centre CLC Service Advice Gold Coast Tweed . 2022-12-09 . en-AU.
  42. Web site: Home . 2022-03-21 . Prisoners' Legal Service . en-AU.
  43. Web site: Refugee and Immigration Legal Service . 2022-10-19 . Refugee and Immigration Legal Service . en.
  44. Web site: Tenants Queensland . 2022-10-19 . tenantsqld.org.au.
  45. Web site: Women's Legal Service Queensland Free legal assistance for women . 2022-10-19 . en-AU.
  46. Web site: What we do. Community Legal Centres South Australia. 30 August 2020.
  47. Web site: Community Legal Centre Zones. Community Legal Centres South Australia. 30 August 2020.
  48. Web site: What we do. Specialist legal advice. 30 August 2020.
  49. Angela . Skujins. Cheryl. Axelby . In conversation with Aboriginal Legal Rights Movement CEO Cheryl Axelby . CityMag . 24 July 2020 . 30 August 2020.
  50. Web site: About ALRM. Aboriginal Legal Rights Movement . 30 August 2020.
  51. Web site: Custody Notification Service to be established in SA [media release]]. Vickie. Chapman. Steven Marshall: Premier of South Australia. Government of South Australia. 1 July 2020. 7 July 2020. 7 July 2020. https://web.archive.org/web/20200707062229/https://www.premier.sa.gov.au/news/media-releases/news/custody-notification-service-to-be-established-in-sa. dead.
  52. Web site: SA Govt finally moves on 1991 recommendation to stop Aboriginal deaths in custody . Stephanie. Richards. InDaily . 1 July 2020 . 7 July 2020.
  53. Web site: Police Complaints and Discipline Act 2016. South Australian Legislation . Government of South Australia. 7 July 2020 . 7 July 2020.
  54. Web site: Jenkins . Keira . South Australian custody notification service welcomed after years of lobbying . NITV . 3 July 2020 . 7 July 2020.
  55. Book: Annual Report 2018/19: Voice Treaty Truth. Aboriginal Legal Rights Movement. July 2019. 978-0-9775994-7-9. 30 August 2020.
  56. Web site: Community Legal Centres Tasmania . Community Legal Centres Tasmania . 30 August 2020.
  57. Web site: Community legal centres make sure all Victorians get a fair go . Federation of Community Legal Centres . 30 August 2020.
  58. Web site: Community legal centres that can help you with family violence issues . Federation of Community Legal Centres . 30 August 2020.
  59. Web site: Find a Community Legal Centre . Federation of Community Legal Centres . 30 August 2020.
  60. Web site: Who we are . Fitzroy Legal Service . 30 August 2020.
  61. Web site: About . Consumer Action Law Centre . 21 July 2014 . 30 August 2020.
  62. Web site: Home . communitylaw.net.
  63. Web site: Home – Womens Law Centre – A community legal centre funded to provide quality legal advice, information and referral to women of Western Australia.. www.wlcwa.org.au. 2015-05-01. Bam. Creative.
  64. Web site: Get Help . Community Law Australia . 7 May 2019 . 1 September 2020.
  65. Web site: Moses . Arthur . now it's under threat . The Sydney Morning Herald . 25 August 2019 . 1 September 2020.
  66. Web site: About VALS . Victorian Aboriginal Legal Service – Working for the Aboriginal Community . 1 September 2020.
  67. Web site: Tendering of Indigenous Legal Services. Briefing Paper No. 4. September 2005. Nicole. Watson. Jumbunna Indigenous House of Learning Research Unit, University of Technology Sydney. 1 September 2020.
  68. Web site: Legal assistance services. Australian Government. Attorney-General's Department. 2 September 2020. Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0) licence.
  69. Web site: Members & Partners . NATSILS . 30 June 2020 . 1 September 2020.
  70. Web site: Aboriginal and Torres Strait Islander Legal Service . ATSILS . 1 September 2020.
  71. Web site: Aboriginal Legal Rights Movement . Aboriginal Legal Rights Movement . 15 December 2015 . 1 September 2020.
  72. Web site: Home. TALS. Effective 1 July 2020, the delivery of legal services to Aboriginal and Torres Strait Islander people in Tasmania will be provided by the Tasmanian Aboriginal Legal Service (TALS). 1 September 2020 . 22 February 2020. https://web.archive.org/web/20200222100257/http://tacls.org.au/.
  73. Web site: Indigenous affairs overview: Budget Review 2019–20 Index. James. Haughton. Parliament of Australia . 17 May 2018 . 1 September 2020.
  74. Web site: Human Rights Law Centre stands with Aboriginal & Torres Strait Islander Legal Services to retain Indigenous Legal Assistance Program . Human Rights Law Centre . 11 July 2019 . 1 September 2020.
  75. Web site: It took decades to build an effective Indigenous legal network - now it's under threat . Law Council of Australia . Arthur. Moses. 26 August 2019 . 1 September 2020.
  76. Web site: Home. Victorian Aboriginal Legal Service. 1 September 2020.
  77. Web site: Indigenous affairs overview: Budget Review 2019–20 Index. James. Haughton. Parliament of Australia . 17 May 2018 . 1 September 2020.
  78. Web site: Human Rights Law Centre stands with Aboriginal & Torres Strait Islander Legal Services to retain Indigenous Legal Assistance Program . Human Rights Law Centre . 11 July 2019 . 1 September 2020.
  79. Web site: It took decades to build an effective Indigenous legal network - now it's under threat . Law Council of Australia . Arthur. Moses. 26 August 2019 . 1 September 2020.
  80. Web site: History . NATSILS . 3 November 2020 . 23 November 2022.
  81. Web site: Our Story . SNAICC – National Voice for our Children . 12 February 2024 . 8 August 2024.
  82. Web site: Our Team . NATSILS . 2 November 2020 . 22 February 2024.
  83. Web site: National FVPLS Forum. Home . 6 December 2019 . 2 September 2020.
  84. Web site: Legal Aid in Australia . Legal Aid ACT . 1 September 2020.

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