Annual Report 2006-2007 - Community Law

Annual Report 2006-2007 - Community Law Annual Report 2006-2007 - Community Law

communitylaw.org.au
from communitylaw.org.au More from this publisher

Flemington & Kensington<br />

<strong>Community</strong> Legal Centre INC<br />

<strong>Annual</strong> <strong>Report</strong><br />

JuLY <strong>2006</strong> - JuNE <strong>2007</strong>


Flemington & Kensington<br />

<strong>Community</strong> Legal Centre INC<br />

ABOUT US<br />

Flemington and Kensington <strong>Community</strong> Legal Centre<br />

(FKCLC) has a history of working closely with its<br />

community to address legal issues of concern.<br />

We assist people who live, work or study in the Flemington<br />

and Kensington area. Our service may at times take on<br />

casework from other agencies on a referral basis.<br />

Our Aims<br />

Our Centre seeks to ensure that all people in the<br />

community have equal access to justice, are aware of and<br />

can assert their legal rights, and that they understand<br />

and respect the rights and responsibilities of others in<br />

the community.<br />

The Centre also aims to ensure that the process of changing<br />

laws is responsive to changes in the community, and<br />

that laws have the same impact on people regardless of<br />

their income or power.<br />

In short, the Centre aims to assist disadvantaged groups<br />

within the community to understand and deal with what<br />

can at times be a disempowering legal system.<br />

OUR WORK<br />

The Centre works to provide a safe, reliable and accessible<br />

legal resource by:<br />

• Providing free, accessible, high-quality legal casework<br />

relating primarily to consumer rights, debts, fines,<br />

general family law (advice and referral only), police<br />

issues, social security, tenancy and wills, and an<br />

offshore refugee migration service.<br />

• Contributing to law and policy reform by seeking<br />

the views of individuals on issues of law reform and<br />

working through state-wide and national <strong>Community</strong><br />

Legal Centres, working groups, and local community<br />

networks.<br />

• Providing community legal education by presenting<br />

sessions at local secondary schools, cultural community<br />

groups, nursing homes, and other community agency<br />

forums, and updating the Police Powers Booklet, a<br />

joint bi-lingual publication between FKCLC and Victoria<br />

Legal Aid.<br />

• Working to improve the skills and social justice<br />

awareness of legal students and other community<br />

members through a strong, accessible volunteer<br />

program.<br />

• Developing strong collaborative networks and<br />

relationships, including relationships with individual<br />

community members who play a key role in educating<br />

others about the law.<br />

• Working with the community on changing laws that<br />

disadvantage them, and empowering them to take<br />

control of the problems they are experiencing.<br />

CONTACT US<br />

Flemington and Kensington <strong>Community</strong> Legal Centre<br />

(FKCLC)<br />

P.O. Box 487,<br />

FLEMINGTON VIC 3031<br />

22 Bellair Street,<br />

KENSINGTON Vic 3031<br />

Phone: 03 9376 4355<br />

Fax: 03 9376 4529<br />

Email: fklegal@fkclc.org.au<br />

Web: www.communitylaw.org.au/flemingtonkensington<br />

Donations: www.ourcommunity.com.au/fkclc<br />

HOURS OF OPERATION<br />

Monday to Friday: 9am – 5pm<br />

Monday Evening Service (Appointments Only):<br />

5:30 – 6:30pm<br />

Thursday Drop-in Outreach for young people @ 12<br />

Holland Court, Flemington: 4-6pm<br />

Monday evening appointments are made by phoning our<br />

service or calling into our office. We also offer community<br />

outreach, home and hospital appointments as requested.<br />

For urgent matters staff will assist you as soon as<br />

possible.<br />

2<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong>


CONTENTS<br />

2 - Information about FKCLC<br />

3 - Contents<br />

4 - Questions Not Asked in the Government’s New Citizenship Test<br />

5 - Committee of Management at FKCLC<br />

6 - Staff at FKCLC<br />

9 - Volunteers at FKCLC<br />

11 - Our Work<br />

15 - Tim McCoy Award <strong>2006</strong><br />

16 - Recent newspaper articles on the police issues<br />

18 - Statistics for FKCLC<br />

20 - Financial <strong>Report</strong>s<br />

Gregor Watkins and Anthony Cashmore.<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong> 3


1. Name the only Australian state police force not to have been<br />

subject to a Royal Commission investigation<br />

2. How many people died in prison or police custody throughout<br />

Australia in 2004 How many of those that died were Indigenous<br />

Australians<br />

3. Since Australia’s participation in the war on Iraq, what is the<br />

estimated number of Iraqi deaths caused by the occupation<br />

questions not asked in the<br />

government’s citizenship test<br />

4. How many people participated in the pogrom at Cronulla, NSW in<br />

December 2005 “to support Leb and wog bashing day” What flag<br />

were many flying<br />

5. Despite FKCLC lodging over 18 formal complaints against police violence,<br />

how many of the police officers involved are facing prosecution for assault<br />

Answers: 1) Victoria. 2) a. 67 b. 14 (21%). 3) 654,965 - October <strong>2006</strong>, The Lancet medical journal. 4) a.<br />

Approximately 5000. b. The Australian flag. 5) None.<br />

4<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong>


COMMITTEE Of management @ fkclc<br />

June 06 - July 07<br />

Trevor Wallwork (Chair)<br />

Tim O’Neill (Public Officer)<br />

Mark Evers (Treasurer)<br />

Naomi Hanaoka (Assistant Treasurer)<br />

Adam Horner (Secretary)<br />

Kathy Richardson<br />

Karen Pyke<br />

Terri Soumilas*<br />

* Resigned from Committee April <strong>2007</strong>.<br />

Top row from left: Trevor Wallwork (Chair), Tim O’Neill (Public Officer), Mark Evers (Treasurer), Naomi Hanaoka<br />

(Assistant Treasurer).<br />

Bottom row from left: Adam Horner (Secretary), Kathy Richardson, Karen Pyke, Terri Soumilas.<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong> 5


STAFF @ FKCLC<br />

Denise Gardner (Migration Agent)<br />

The Year that was - according to Denise<br />

So much done – people arriving at Tullamarine & the joy of<br />

closing a file full of smiling refugees. So much frustration:<br />

– having to second guess the Immigration Department &<br />

then explain the new priorities to our clients<br />

- the poverty of newly arrived communities… 5 young men<br />

sharing a 2 bedroom flat with no heating, one sleeping on<br />

a bed base having given another his mattress, an elderly<br />

couple sharing a pair of glasses, a man living on boiled<br />

rice and packet noodles, a woman unable to sponsor<br />

her orphaned relatives because she knows no one from<br />

whom she can borrow $5,000.<br />

The tantalizing possibility of funding for another agent<br />

(or even a bit of an agent) thanks to the Reichstein<br />

Foundation. Thuan’s delivery of young Daniel, and the<br />

arrival of Stephanie. Fond farewell to Carmen and the<br />

dynamic arrival of Joni (big creative shoes to fill!)<br />

Joni Gear (Co-ordinator from April 07)<br />

I began a volunteer placement at FKCLC in October <strong>2006</strong><br />

with a view to complete my final practical experience<br />

training required prior to being admitted as a solicitor.<br />

During this time, I happened to fall into the role of<br />

Coordinator at the centre. This experience has been<br />

exciting and challenging.<br />

My initial interest in volunteering at FKCLC arose because<br />

of the work I knew the centre was carrying out to tackle<br />

over-policing of local communities, particularly of newly<br />

arrived young men from the Horn of Africa living on the<br />

Flemington housing estate. It has been a rewarding<br />

experience being part of a community legal centre that<br />

is working to remove police harrassment and violence<br />

from the everyday lived experience of young people in<br />

the area. However, there is much more that needs to<br />

be done and I look forward to the wider Flemington/<br />

Kensington population coming together on this issue in<br />

the forthcoming year.<br />

Gregor Watkins (Solicitor)<br />

This has been another busy and engaging year at FKCLC.<br />

It is rewarding to be part of what is a dynamic group<br />

of workers and volunteers, working in a structure that<br />

closely mirrors the ideal mapped out by us during our<br />

annual planning day.<br />

From a casework view point, there has been a steady flow<br />

of clients with issues across a typically diverse range. I<br />

believe our statistics reveal an increase in the number of<br />

clients being seen, and also in the volume of work undertaken.<br />

To a large extent this has been made possible<br />

by a super group of capable volunteers. A change from<br />

years ago has been the excellent support from day-time<br />

volunteers, which allows us to keep pace with the night<br />

service intake.<br />

As always, we have experienced particular need from new<br />

arrivals to the housing estates, currently those from the<br />

Horn of Africa. A disturbing trend has been the re-emergence<br />

of inappropriate policing towards young people in<br />

our community, and especially targeting youths from Africa.<br />

The decision to police (and criminalise) these people<br />

is a policy decision; it is counter-productive to their integration<br />

and is at the expense of community programs<br />

which could offer meaningful and sympathetic support.<br />

Another casework observation is the significant and disproportional<br />

amount of file work caused by remarkably<br />

bureaucratic procedures. In particular, applications to<br />

VOCAT (Victims of Crime Assistance Tribunal), some Office<br />

of Housing matters, all fines, and the worst being applications<br />

to the Magistrates’ Court Special Circumstances<br />

List (for fines coupled with client disadvantage).<br />

I am looking forward to the coming year – again, it is<br />

great to be part of the current team, the volunteers are<br />

fantastic and the immigration, CLE, CD and law reform<br />

work is a credit to the CLC movement. It may be a missed<br />

opportunity to name individuals, but essentially, it is everyone.<br />

The centre has undergone a number of staff changes<br />

over the past year and we are currently supporting a<br />

model that was chosen as our ideal structure at our<br />

planning day earlier in the year. It is great working with<br />

everyone at the centre, including the volunteers, and I<br />

look forward to the year to come.<br />

Tamar Hopkins (Principal Solicitor)<br />

Tamar has provided a lengthy report into the work she<br />

has been carrying out in the article ‘Our Work’ on page<br />

10.<br />

Tamar Hopkins & Gregor Watkins<br />

6<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong>


Donna Williamson (<strong>Community</strong><br />

Development / <strong>Community</strong> Legal<br />

Education Worker - commenced August<br />

<strong>2007</strong>)<br />

“Knowledge is like a garden: if it is not cultivated,<br />

it cannot be harvested.”<br />

(Proverb)<br />

Let’s face it, this beast called law is confusing.<br />

The key to avoiding legal problems and solving them for<br />

yourself is knowledge. To gain knowledge we all need<br />

information, and that’s one of the things FKCLC aims to<br />

provide.<br />

One of the rules we must live under is that ignorance of<br />

the law is no excuse. That is why, a defence of “I didn’t<br />

know there was a law against it” will rarely get you out of<br />

trouble. Knowing your rights (and obligations) can save<br />

you a lot of grief.<br />

FKCLC is not just a place to get advice from a lawyer.<br />

We also provide support and referral to other community<br />

services, and conduct a community legal education<br />

program to help you to understand the law better.<br />

My name is Donna Williamson, I have recently joined the<br />

legal centre as the community legal education worker<br />

and I hope that I am able to meet many of you during<br />

my time here. Please feel free to contact me if you would<br />

like to access legal information or resources, or if you<br />

would like to organise an outreach session or workshop<br />

for your group, school or club. Activities can be tailored<br />

to your needs and to times in which your members are<br />

available.<br />

I also look forward to being involved in FKCLC’s community<br />

development initiatives in the coming year and continuing<br />

the great human rights work of the Centre. While we have<br />

planned a number of projects already, we are always<br />

interested in hearing from members of our community –<br />

what are the burning issues that affect or concern you<br />

We are, after all, guided by your need.<br />

Stephanie Li (Administrator / Finance -<br />

commenced July <strong>2007</strong>)<br />

Hello, I am Stephanie Li, a new migrant from China. My<br />

hometown is Xiangtan, Hunan Province, Central South<br />

of China. It is a huge city with 2.8 million people but no<br />

one in Melbourne knows anything about it. The important<br />

thing is Mao Ze Dong was born two hours away. By the<br />

time I was five , my father had taught me how to swim<br />

in Xiang Jiang River (Denise said she will never swim in<br />

the river because of the pollution, but at that time the<br />

river was comparatively clean) which is a major river in<br />

Hunan Province.<br />

Before I came to Australia, I attended Xiangtan TV<br />

University , studied Foreign Economic Trade and I was<br />

a honored student over there. I played lot of sports.<br />

After graduating from University, I started working and<br />

travelled a lots of places in China and around Asia, such<br />

as Thailand, Singapore, Malaysia, Brunei and Saipan<br />

Island. In 2003, I came to Melbourne as an oversea<br />

student at VUT and studied accountancy. I returned to<br />

China for another 2 years and worked for Capgemini, a<br />

multinational consulting and outsourcing company. In<br />

July <strong>2006</strong>, I got my Permanent Resident Visa and came<br />

to Melbourne again. Then, I worked for Australian School<br />

of Bartending and I learned how to make cocktails. Hope<br />

I could serve your guys one day.<br />

My currently position is the Admin/Finance Officer in the<br />

organization and I took the role during Thuan’s maternity<br />

leave. My major duties are look after general ledgers,<br />

accounts payable, accounts receivable, payroll, financial<br />

statements, budgets, GST & PAYG and part of CLSIS<br />

system.<br />

I am happy to be a member of Flemington Kensington<br />

CLC as everyone in the organization is supportive which<br />

do make me enjoy my time here.<br />

And if you are short of time, or just a little bit shy, we<br />

provide free information leaflets and booklets on a range<br />

of legal issues, most of which are displayed in our foyer.<br />

If you can’t find what you need, our friendly reception<br />

staff can help you.<br />

So feel free to drop by and say hello, or call me for a chat<br />

or to arrange a workshop.<br />

Go ahead…tame the beast.<br />

Stephanie Li, Donna Williamson, Denise Gardner<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong> 7


Genevieve Nihill (Solicitor)<br />

Genevieve is continuing to take partial leave this year<br />

and is no longer available at the centre to clients. Gen<br />

has taken on a mentoring role to all staff and also works<br />

heavily on funding applications on behalf of the centre<br />

and casework support.<br />

Thuan Nguyan (Admin/Finance)<br />

Tamar Hopkins, Genevieve Nihill, Joni Gear, Gregor Watkins<br />

Thuan gave birth in early June <strong>2007</strong> and is on 12<br />

months maternity leave. Thuan will be returning to<br />

FKCLC in June 2008.<br />

Dakshinee Kodituwakku (Volunteer Coordinator)<br />

Carmen Tommasi (Co-ordinator, resigned<br />

in March <strong>2007</strong>)<br />

Maria Cabello (Cleaner)<br />

Maria continues to provide excellent cleaning services<br />

at FKCLC. She has now been with the centre for many<br />

years.<br />

8<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong>


LIST OF Volunteers - June 06-07<br />

Heather Boyle<br />

Anthony Cashmore<br />

Nadine Di Blasi<br />

Denise Gardner<br />

Joni Gear<br />

Christina Hicks<br />

Fiona Hintum<br />

Katherine Huynh<br />

Dakshinee Kodituwakku<br />

Naomi Lay<br />

Martin Lockett<br />

Greta Madsen<br />

Andrew Maher<br />

Stefanie Nitze<br />

Tim O’Neill<br />

Claire Pollett Sutton<br />

Temple Saville<br />

Jenny Si<br />

Charander Singh<br />

Nireshnie Sooknandan<br />

Sajeewani Weerakoon<br />

Lisa Wood<br />

Sharleen Wright<br />

From left: Christina Hicks (foreground), Dakshinee Kodituwakku, Gregor Watkins<br />

and Stefanie Nitze.<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong> 9


Volunteer REport <strong>2006</strong>-<strong>2007</strong>:<br />

Dakshinee Kodituwakku<br />

<strong>2007</strong> has been another great year for FKCLC in terms of<br />

its volunteers. We have seen both the welcome return<br />

of experienced campaigners, as well as the arrival of a<br />

number of fresh faces.<br />

This year has particularly seen the consolidation of our<br />

small, but crucial, group of volunteer solicitors. Apart<br />

from the legal knowledge, technical skills and practical<br />

experience that they bring to the Centre’s service, these<br />

volunteers are to be commended for their ability to devote<br />

their time to our Night Service even after a long day’s<br />

work at their own office! Our current group of volunteer<br />

solicitors consists of: Tim O’Neill, Greta Madsen, Martin<br />

Lockett, Andrew Maher and Sharon Conners-Holliday.<br />

Stefanie Nitze was also a Monday night volunteer solicitor<br />

for part of the year.<br />

We also had the aid of our trusty law student volunteers,<br />

who juggle volunteering at the Centre with their busy study<br />

(and social) commitments. These volunteers undertake a<br />

range of tasks while at the Centre, ranging from sitting at<br />

reception to casework to interviewing clients. The Centre<br />

has always encouraged the involvement of student<br />

volunteers in its operations because of the mutual gains<br />

that result — the Centre gains from the fact that students<br />

have greater flexibility in the times at which they can<br />

volunteer; students gain from the practical, real-world<br />

legal experiences and guidance given by our staff, as well<br />

as the opportunity to benefit the community. Our student<br />

volunteers throughout the year were: Jenny Si, Fiona<br />

Hintum, Anthony Cashmore, Nadine Di Blasi, Cristina<br />

Hicks, Claire Pollett Sutton, Katherine Huynh, Naomi Lay,<br />

Temple Saville, Nireshnie Sooknandan and Sajeewani<br />

Weerakoon.<br />

Apart from solicitors and law students, the Centre also<br />

recruits other types of volunteers as the need arises.<br />

This year has seen Heather Boyle continue as our regular<br />

reception and administration volunteer, whilst Lisa Wood<br />

joined our team of casework volunteers early this year.<br />

Furthermore, Joni Gear, who started at FKCLC as an<br />

intern, has finished the practical legal component of her<br />

degree and is now also our CEO! Denise Gardner, the<br />

centre’s Migration Agent, has also continued to volunteer<br />

during Monday evening night service.<br />

In terms of formal volunteer support, two Volunteer<br />

Training Nights were held during the year. The March<br />

Training Night was conducted by Gregor, who gave<br />

the volunteers a thorough and useful rundown of the<br />

criminal procedure through the courts. For the August<br />

Training Night we headed down to the less conventional<br />

surroundings of Doutta Galla Hotel, where Denis Nelthorpe<br />

from West Heidelberg <strong>Community</strong> Legal Service gave an<br />

informative seminar on third party insurance matters.<br />

Finally, on behalf of the Centre, I’d like to thank all our<br />

volunteers for their time and effort throughout the year.<br />

There is no doubt that the Centre could not operate<br />

without the dedication of our volunteers. I would also<br />

like to thank our staff, whose unfailing willingness to<br />

provide guidance and support to the volunteers makes<br />

the experience all the more worthwhile and enjoyable.<br />

I look forward to another great year ahead of us.<br />

Dakshinee Kodituwakku<br />

(FKCLC Volunteer)<br />

Volunteer profile: Heather Boyle<br />

‘Volunteers wanted for Legal Centre’ - sounded interesting. I have now been with the Centre for one year in<br />

October, initially working one day per week increasing to two days per week.<br />

I have come from a background of having attained a Diploma in typing, shorthand<br />

and book-keeping at a private college (now not in existence). I then moved on to<br />

nursing which was my original choice. (My Father was a secretary to a Colonel in<br />

the Army during World War 2 and he felt secretarial duties were much more desirable<br />

for a girl to pursue - nursing was not). I worked in General, Geriatrics and before<br />

retiring in December 2005 was involved in the field of drug addiction for eighteen<br />

years. This last position was a challenge and varied as clients were unpredictable<br />

during their detox.<br />

My duties with the Centre are varied: Answering of phones; Making appointments;<br />

Processing of mail in/out; Making telephone calls; General admin duties.<br />

During my time with the Centre I have enjoyed learning legal, immigration<br />

requirements and also improving my skills on the computer. I appreciate the help<br />

the hard working staff have given and their ongoing support. A GREAT PLACE TO<br />

VOLUNTEER WITH.<br />

10<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong>


Our Work<br />

In the beginning of the <strong>2007</strong> and in response to the large<br />

number of complaints concerning police mistreatment<br />

reported by our clients, the Legal Centre commenced<br />

a “Bringing Human Rights in Police Practice” Project,<br />

a project we intend to expand in many directions and<br />

forms in the coming years.<br />

The Project aims to work through a number of interwoven<br />

legal, law reform and community development<br />

strategies.<br />

The key objectives of our legal centres’ project:<br />

1. To protect our community from human rights<br />

abuses.<br />

2. To ensure the effectiveness of police accountability<br />

processes. To use civil, discrimination, coronial,<br />

administrative and criminal proceedings to raise<br />

awareness of the prevalence of police malpractice and<br />

the inadequate nature of current police accountability<br />

structures and to provide effective remedies to victims<br />

of police misconduct.<br />

3. To education and empower the community to<br />

respond effectively to human rights abuses through<br />

the use of the legal system, the media, education, arts<br />

and community development strategies.<br />

4. To transform police practice through the real<br />

implementation of human rights, safety, legislative<br />

and common law standards into police work.<br />

The introduction in Victoria this year of the Human<br />

Rights and Responsibilities Charter Act provides a prime<br />

opportunity to initiate this project.<br />

In <strong>2006</strong> the Legal Centre won the Tim McCoy award for its<br />

work in getting the voices of young people’s experience<br />

of police mistreatment in Flemington out to the world. We<br />

are grateful to the CMYI for its nomination of the Centre.<br />

The award was presented to us at a grand occasion at<br />

Parliament House on Spring Street. Unused to such quality<br />

surroundings it is worth making a few remarks about the<br />

Legal Centre’s antics during the evening. Carmen and<br />

Terri’s behaviour at the event was exemplary, a credit to<br />

us all. It must be made absolutely clear that neither party<br />

were involved in any of the following behaviours: making<br />

remarks during speeches, throwing paper aeroplanes,<br />

making comments to various Ministers on embarrassing<br />

topics or sitting on the laps of stone statutes. Tamar,<br />

Gregor and Gen on the other hand behaved shockingly<br />

and ought to have been thrown out. It is worth noting<br />

that VLA put our table at the back of the room in what<br />

appeared to be an unsuccessful attempt to censor our<br />

behaviour from disrupting proceedings. It is further<br />

noteworthy that unlike last time Gen attended to receive<br />

the Tim McCoy on behalf of the Centre, at least this time<br />

she did not need to be carried out on a stretcher. (It did<br />

come close). We need to make it clear that any disruptive<br />

behaviour from our table was encouraged and conspired<br />

by the constant attention given various peoples wine<br />

glasses by Amanda George and other aiders and abettors<br />

on the neighbouring table.<br />

So what have we been doing the last year, to merit these<br />

acalades<br />

<strong>Community</strong> Development Work<br />

The introduction of the YRIPP (Youth, referral and<br />

Independent Person Program) at the Flemington Police<br />

Station. Thanks to Sally Reid, Shane Reside and Georgia<br />

Taylor for their work in setting this up. We have yet<br />

to evaluate how this program is going and whether it<br />

has had an impact on our clients and policing practices.<br />

Thanks to the Victorian <strong>Law</strong> Foundation, Georgie Ferrai,<br />

and Crime Prevention Victoria.<br />

We now have a very successful youth legal drop-in<br />

running at the Flemington Estate and are grateful for the<br />

assistance of Youthlaw and Moonee Valley Youth Services<br />

in this process. The service is now running with workers<br />

from Doutta Galla <strong>Community</strong> Health Service, Citymission<br />

– JPET, and the Centre for Multi-cultural Youth Issues.<br />

We are now looking to expand to a larger venue and will<br />

be seeking funding for this in the near future.<br />

Flexible provision of Legal Services<br />

The Legal Centre organised and ran the G20 Legal Advice<br />

line over the G20 event held in November <strong>2006</strong>. Callers to<br />

this line were subsequently referred to Western Suburbs<br />

CLC, Fitzroy Legal Centre, St Kilda Legal Centre and Rob<br />

Stary & Associates for ongoing legal assistance.<br />

<strong>Community</strong> Legal Education<br />

Tamar and Denise gave workshops at a National Sudanese<br />

Youth Conference in December <strong>2006</strong> at Melbourne<br />

University on Police powers and immigration issues.<br />

The workshop participants highlighted the national<br />

and statewide experiences by refugees of harassment,<br />

excessive force and racial profiling at the hands of<br />

police. They gave many shocking examples of their<br />

experiences as well as their strategies in dealing with<br />

police management and different levels.<br />

Tamar gave a speech at the Victorian Human Rights<br />

and Equal Opportunity Conference called “Policing the<br />

Public” about racially discriminatory policing practices in<br />

the Flemington area. The speech highlighted some of<br />

areas where the Victoria Police need to improve in order<br />

to ensure compliance with Victoria’s new Human Rights<br />

Charter.<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong> 11


Tamar and Ahmed Dini were flown by Victoria Legal Aid<br />

to be introductory speakers at the Legal Aid Commissions<br />

Best Practice Conference in Fremantle WA in May <strong>2007</strong>.<br />

We talked about the experiences of refugees with police<br />

in Flemington and ways that the Legal Aid Commissions<br />

might better address the needs of newly arrived<br />

Australians.<br />

<strong>Law</strong> Reform<br />

The Legal Centre, with the Federation of CLCs have<br />

commenced discussions with the Victoria Police’s Human<br />

Rights Unit in a bid to have the experiences of our<br />

clients influence the direction of the Unit’s work. Our<br />

initial contact has shown that the Unit is focussing on<br />

internal human rights issues rather than concerns of the<br />

community.<br />

We had an article published in the March <strong>2007</strong> edition of<br />

the Alternative <strong>Law</strong> Journal, based on the Legal Centre’s<br />

submission to the Victoria Police Ethical Health Check of<br />

the Flemington Police Station in <strong>2006</strong>.<br />

In April <strong>2007</strong>, the Centre participated in a submission<br />

by the Police Issues working group of the Federation of<br />

<strong>Community</strong> Legal Centres to the Office of Police Integrity<br />

on the failures of the Police Disciplinary processes. Thanks<br />

to Will Crawford, Charandev Singh, Sarah Nicholson for<br />

this work.<br />

Test cases<br />

The Legal Centre applied to VCAT under FOI for the Doney<br />

report into the policing of Horn of African Communities<br />

in the Flemington region. The Legal Centre had been<br />

heavily engaged in the process of having the report made<br />

as a way of addressing the systemic issues of racism and<br />

police brutality that our clients were experiencing at the<br />

hands of the Flemington Police. Despite, excellent legal<br />

assistance provided by Melinda Richards, Jim<br />

McKenna, Emily Latif and Charandev Singh, we<br />

were unable to convince VCAT that it was in public<br />

interest to have the report released. Thanks are<br />

also due to Anthony Kelly, Simone Perkin and Lee<br />

Hurlston for their assistance.<br />

been disciplined or sacked for their criminal, unlawful or<br />

racially prejudical behaviours.<br />

Rather shockingly we are beginning to discover evidence<br />

of the Ethical Standards Department actively assisting<br />

police in the prosecution of our clients.<br />

The OPI oversight of these investigations has been<br />

ineffective at protecting our clients from at best, delays<br />

and ineffective investigations and at worse actual collusion<br />

between ESD and the Police to our clients’ detriment.<br />

Watch this space for more.<br />

Further Strategies: research, networking<br />

and media<br />

The Legal Centre is engaging other strategies to ensure<br />

police are held accountable for their mistreatment of our<br />

clients. These strategies include vigorously defending<br />

our clients charged with “cover charges” such as hinder,<br />

assault and resist police and use threatening words. We<br />

are investigating civil action on behalf of our clients as well<br />

as other complaint strategies such as race discrimination<br />

complaints.<br />

We have been engaging with the media and have had<br />

coverage on channel 10 news, the Melbourne Times, the<br />

Age, 3CR and the local media.<br />

Further strategies include legal education, media training,<br />

documentary making, radio programs, schools training.<br />

We are working with the Police Issues working group<br />

to improve the knowledge of CLCs around police<br />

accountability issues and to get more resources into the<br />

Federation of CLCs for this purpose.<br />

We have done letter box drops to tell people their legal<br />

The Legal Centre has now lodged over 18 formal<br />

complaints with the Office of Police Integrity<br />

against police mistreatment of refugee and<br />

migrant young people in the region. Rather than<br />

conduct an investigation itself, the OPI has asked<br />

the Ethical Standards Department of the Victoria<br />

Police to investigate them. So far results are<br />

not known, and the Legal Centre is becoming<br />

increasingly sceptical about the ability of this<br />

process to produce any just outcomes for our<br />

clients. Thus far police have either moved, been<br />

promoted or gone on sick leave. No police have<br />

12<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong>


ights around police searches. Tamar has been working<br />

with Helen Yandall, Tiffany Overall and Ben Schokman on<br />

human rights training of CLE workers.<br />

We have two Melbourne University Criminologist<br />

Internship Students working with us, one on <strong>Community</strong><br />

Policing Strategies and other on surveying young people<br />

about their experiences with police.<br />

We also now have public housing tenancy tip sheets<br />

available in 4 different languages on our website and for<br />

order. Thanks to the Victorian <strong>Law</strong> Foundation and Nick<br />

Goodfellow for this work and the great launch we held<br />

towards the end of last year for all this work.<br />

The Victorian <strong>Law</strong> Reform Commission is still investigating<br />

the option of a merit review option from Office of Housing<br />

decisions to VCAT suggested by the Legal Centre last<br />

year.<br />

None of this work could have been done without<br />

considerable assistance from volunteers, supporters,<br />

pro bono barristers and other legal centres, and our<br />

committee of management.<br />

Many thanks to:<br />

Abdullahi Farar<br />

Ahmed Dini,<br />

Ahmed Ibrahim,<br />

All our housemates and families,<br />

Anna Duff,<br />

Anna Radonic,<br />

Anthony Cashmore,<br />

Anthony Kelly,<br />

Arnold Block Liebler,<br />

Ben Schokman,<br />

Braishna Wakil,<br />

Brita Johansen,<br />

Charandev Singh,<br />

Claire Harris,<br />

Claire Pollett Sutton,<br />

Crista Momet,<br />

Deb Candy,<br />

Debbie Mortimer SC<br />

Di Mitchell,<br />

Dyson Hore-Lacy SC<br />

Emily Latif,<br />

Fergus Sheil,<br />

Footscray Legal Centre,<br />

Georgia Taylor,<br />

Georgie Ferrari,<br />

Ian Freckleton,<br />

Glenn Birt,<br />

Helen Gaynor,<br />

Helen Yandall,<br />

Holding Redlich,<br />

Hugh DeKrester<br />

Jane Dixon SC,<br />

Jenny Clark<br />

Jim McKenna,<br />

John Kalka,<br />

Jude McCulloch,<br />

Kathy Laster,<br />

Kellie Blair,<br />

Khadra Ahmed,<br />

Landers & Co,<br />

Lee Hurston<br />

Lisa Wood,<br />

Liz Porter,<br />

Lusia Di Fabio,<br />

Mandy Fox,<br />

Margaret Simons,<br />

Marika Dias,<br />

Marika Dobbin,<br />

Mat Dalby,<br />

Melinda Richards,<br />

Michael O’Brien<br />

Michael Wighton,<br />

Monica Ferrari,<br />

Nalika Peiris<br />

Neshi,<br />

Nick Batten,<br />

Nick Goodfellow,<br />

Nola Karapangiotidis,<br />

North Melbourne Legal Centre<br />

Paul Jenkins<br />

Pauline Spencer<br />

Peta Malins,<br />

Peter van Vliet,<br />

Police Issues Working Group, Federation of CLCs<br />

Rokai Wakil,<br />

Sahin Sahinkaya,<br />

Sally Reid,<br />

Sara Hinchey,<br />

Sarah Nicholson<br />

Shane Reside,<br />

Simone Elias,<br />

Simone Perkin,<br />

Stan Winford,<br />

Tiffany Overall<br />

Tony Langdon,<br />

Tony Parsons<br />

Travis Beard,<br />

VCOSS,<br />

Victorian <strong>Law</strong> Foundation<br />

Will Crawford<br />

and all of the centre’s volunteers, listed on page 9.<br />

- Tamar Hopkins<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong> 13


Access and Equity<br />

Access – to give admittance or opportunity<br />

Equity – fairness, the principals of justice<br />

Part of why community legal centres are different from<br />

private law firms is our belief that every client should<br />

have the opportunity to access justice. In doing so we<br />

try to provide high quality and understandable law to all<br />

of our clients. This commitment takes various forms –<br />

addressing the very different needs of our diverse client<br />

base.<br />

Outreach – over the years staff and volunteers have<br />

operated outreach services to both Kensington &<br />

Flemington high rise estates, to Health & <strong>Community</strong><br />

Centres, Tenants Associations, the Vietnamese Welfare<br />

office and most recently at the Asylum Seekers<br />

Resource Centre (on a monthly basis). We also service<br />

home, aged care and hospital visits. Outreach has<br />

offered clients a safe and familiar alternate to coming to<br />

our office.<br />

Interpreting – a glance at our interpreting bookings<br />

quickly shows the diversity of our client base. Tigrenya,<br />

Kirundi, Chin, Auslan, Persian, Vietnamese, Dinka<br />

and the decision whether an interpreter is needed to<br />

interview a Liberian English speaker. In some ways<br />

these statistics also reflect our clients willingness to<br />

accept that Australian law can provide protection and<br />

is not used as a means of oppression as it is in some<br />

countries… (although perhaps Tamar would disagree<br />

with me on that).<br />

Grants and Other Income Received<br />

<strong>2006</strong>-<strong>2007</strong><br />

Reichstein Grant: Migration Feasibility Study<br />

FKCLC received funding from Reichstein to carry out a<br />

Migration Feasibility Study of the services available in<br />

the inner western area. Part of this study will involve<br />

making an application to increase funding for migration<br />

advice services available. This project will be finalised by<br />

December <strong>2007</strong>.<br />

Victoria <strong>Law</strong> Foundation grant: YRIPP - Youth Referral<br />

Independant Person Project<br />

This project continued through the <strong>2006</strong>-07 year. It<br />

aimed to work with and improve the existing system<br />

of Independent Person support provided to young<br />

people in police custody and to divert young people,<br />

primarily refugee and newly arrived young people,<br />

from progression to higher levels of the criminal justice<br />

system. FKCLC’s involvement in the project ended in<br />

June <strong>2007</strong>.<br />

Tim McCoy Award<br />

FKCLC was extremely honoured to receive the Tim<br />

McCoy award for <strong>2006</strong> for the work carried out on the<br />

police issues project. More information about the award<br />

can be found on the following page.<br />

Thank you to all those that donated to our legal centre<br />

between June <strong>2006</strong> and June <strong>2007</strong>.<br />

- Denise Gardner<br />

14<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong>


Flemington Kensington Wins:<br />

the <strong>2006</strong> Tim McCoy Award<br />

The Tim McCoy Award celebrates the life of the late Tim McCoy, a community worker, lawyer and political activist who<br />

passed away in 1987, at the age of 31.<br />

The award recognises outstanding achievement in human rights advocacy and justice for socially and economically<br />

disadvantaged people and communities in Victoria, and is given each year to an individual or organisation judged as<br />

best reflecting the ideals Tim worked for.<br />

The Award Trust began fifteen years ago, in 1991, and that year Flemington Kensington <strong>Community</strong> Legal Centre was<br />

chosen as its first recipient.<br />

The Centre was granted the <strong>2006</strong> Award for outstanding achievement in human rights advocacy and justice for Somali<br />

Youth in Flemington. The legal centre facilitated an effective collaborative effort between local communities, youth<br />

workers, specialist and general community legal centre workers and other organisations to respond to complaints<br />

made by youth about police in the area.<br />

Flemington Kensington <strong>Community</strong> Legal Centre has a long history dating back to the 1980s of advocating around<br />

police brutality issues in the local area and will continue to protect and promote the human rights of our community.<br />

Tim McCoy Award Previous Winners<br />

1991 Flemington Kensington CLC<br />

1992 Refugee Advice & Casework Service<br />

1993 Essendon Legal Service<br />

1994 Women’s Legal Resources Group<br />

1995 Fitzroy/Western Suburbs Legal Services<br />

1996 Federation of <strong>Community</strong> Legal Centres (Vic)<br />

1997 Western Suburbs Legal Service<br />

1998 Alternative <strong>Law</strong> Journal/Coburg Legal Service<br />

1999 Amanda George (Brimbank CLC)<br />

2000 S11 Defence Team (Fitzroy Legal Service)<br />

2001 PILCH (MV Tampa Defence Team)<br />

2002 PILCH (Homeless Persons Legal Clinic)<br />

2003 Springvale Legal Service (Corrections Group:<br />

<strong>Community</strong> Development Programme)<br />

2004 VLA /Refugee and Immigration Legal Centre<br />

2005 Julian Gardner<br />

<strong>2006</strong> Flemington and Kensington <strong>Community</strong> Legal<br />

Centre<br />

The Centre, in partnership with Legal Aid,<br />

publishes a booklet, “Your Rights - Police Powers<br />

in Victoria”, which is available from the Centre<br />

free of charge.<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong> 15


Statistics for FKCLC<br />

Centre Activity Summary <strong>Report</strong><br />

1 July <strong>2006</strong> - 30 June <strong>2007</strong><br />

Income Source by Client (indicated by %):<br />

1 July <strong>2006</strong> - 30 June <strong>2007</strong><br />

CLIENTS<br />

Total number of clients: 475<br />

New clients: 211<br />

Repeat clients: 84<br />

Existing clients: 180<br />

ACTIVITIES<br />

Information (referral): 538<br />

Advice (face to face): 358<br />

CASES (open and closed)<br />

Total cases open during period<br />

(open & new): 493<br />

Open at period start: 195<br />

New (open in period): 298<br />

Still open at period end (ongoing): 185<br />

Total cases closed during period: 308<br />

Closed involved court representation: 43<br />

NON-CASEWORK PROJECTS<br />

Total projects open during period<br />

(open and new): 24<br />

Open at period start: 6<br />

New (opened in period): 18<br />

Still open a period end (ongoing): 15<br />

Open <strong>Community</strong> Legal Education: 4<br />

Open <strong>Law</strong> Reform & Legal Policy: 5<br />

Total projects completed during period: 9<br />

18<br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong>


Statistics for FKCLC<br />

Top 10 Problem Types (indicated by %): 1 July <strong>2006</strong> - 30 June <strong>2007</strong><br />

police<br />

Top 10 Country of Birth by Client (indicated by %): 1 July <strong>2006</strong> - 30 June <strong>2007</strong><br />

Flemington & Kensington <strong>Community</strong> Legal Centre - <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>-<strong>2007</strong> 19


Flemington and Kensington <strong>Community</strong> Legal Centre (FKCLC)<br />

P.O. Box 487, FLEMINGTON VIC 3031<br />

22 Bellair Street, KENSINGTON Vic 3031<br />

Phone: 03 9376 4355<br />

Fax: 03 9376 4529<br />

Email: fklegal@fkclc.org.au<br />

Website: www.communitylaw.org.au/flemingtonkensington<br />

Donations: www.ourcommunity.com.au/fkclc

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!