Annual Report 2006-2007 - Community Law
Annual Report 2006-2007 - Community Law Annual Report 2006-2007 - Community Law
Flemington & Kensington Community Legal Centre INC Annual Report JuLY 2006 - JuNE 2007
- Page 2 and 3: Flemington & Kensington Community L
- Page 4 and 5: 1. Name the only Australian state p
- Page 6 and 7: STAFF @ FKCLC Denise Gardner (Migra
- Page 8 and 9: Genevieve Nihill (Solicitor) Genevi
- Page 10 and 11: Volunteer REport 2006-2007: Dakshin
- Page 12 and 13: Tamar and Ahmed Dini were flown by
- Page 14 and 15: Access and Equity Access - to give
- Page 18 and 19: Statistics for FKCLC Centre Activit
- Page 24: Flemington and Kensington Community
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 />
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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