Advocacy Law Alliance Incorporated ABN: 93 984 383 421

www.advocacylaw.org.au

Annual Report 2016-2017

www.da.org.au www.mncclc.org.au

(Head Office: 408 King Newcastle West NSW Australia 2302 Phone: 02 4924 3599 email: ala@advocacylaw.org.au )

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Our Vision All people experiencing disadvantage have a right to equality, fairness, and a good quality of life. Our Mission ALA provides high quality social/legal advocacy and support to people in need across NSW, with a commitment to servicing regional and remote communities. Our focus is to empower clients to navigate the legal and social systems and achieve fair outcomes in the pursuit of their goals. Our Values

• Trustworthy - we are committed to an independent, professional and ethical approach in all our dealings with clients and stakeholders.

• Persistent – we are committed to strong advocacy and support for those in need, and recognise this involves persistence when navigating the system.

• Empathic – we acknowledge that people experience difficult times in their lives, and recognise support can have a positive impact.

• Innovative – we believe in continually striving to improve. Our Strategic Goals:

1. Foster high quality, client–centred services. 2. Promote a positive team culture and high morale. 3. Develop a sustainable funding base for the organisation to operate and grow. 4. Strengthen collaboration between internal service arms. 5. Provide management systems and internal infrastructure to support optimal business

performance. 6. Research new initiatives to expand legal, advocacy and support services. 7. Develop partnerships and possible mergers with external agencies sharing the ALA value

base to increase service reach, with a particular focus on indigenous agencies. 8. Ensure a diverse and culturally safe workplace.

Background of the Organisation The story of Advocacy Law Alliance (ALA) began in Tamworth and Newcastle NSW Australia in 1985. In Tamworth a small group of locals set up an association to advocate for people with an intellectual disability (Citizen Advocacy Northwest). At the same time in Newcastle a self-advocacy association started in Newcastle. In 1994, Disability Advocacy Service Hunter (DASH) was established in Newcastle to advocate for all people with a disability and mental illness. In 2006, DASH and Advocacy Northwest joined forces to become Disability Advocacy NSW (DA) and gradually expanded to cover the Mid North Coast region. Mid North Coast advocates found that the region was one of the few in NSW that did not have a community legal centre that could ensure disadvantaged people (including people with a disability) get fair access to justice. DA advocates worked over a number of years with local groups to research legal needs and gather relevant evidence to show that a community legal centre should be based on the Mid North Coast. In 2010 the Commonwealth and NSW governments offered funds to establish a community legal centre in Port Macquarie. The Mid North Coast Community Legal Centre opened in mid-2011. To reflect the diversity of the services it provided and the alliance between legal and social advocacy, Disability Advocacy NSW changed its name to Advocacy Law Alliance Inc. and registered the business names Mid North Coast Community Legal Centre and Disability Advocacy NSW. In 2016 Disability Information and Advocacy Service (Bathurst) joined forces to become DA’s new Central West region. At the same time, DA opened a new office in Parramatta to service the Nepean- Blue Mountains region. DA also began to cover the Central Coast 2016. Next year we plan to establish disability advocacy services in the West and Far West of NSW with offices in Dubbo and Broken Hill.

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Funding Disability Advocacy NSW

• Department of Social Services (DSS) – Advocacy and NDIS Appeals • NSW Department of Family and Community Services (ADHC) - Advocacy • Legal Aid NSW - Hunter – Cooperative Legal Service Delivery Project • icare – advocacy for people in the lifetime care and support scheme

Mid North Coast Community Legal Centre

• Commonwealth Attorney General’s Department and Legal Aid NSW ALA thanks all of these organisations for their support this year. ALA People ALA Board Chair - Richard Dash. I have had broad experience in government and community welfare, having worked at Commonwealth and State levels, and as a Local Government Councillor. I have been a 'hands-on' manager of an accommodation service for disabled men, University lecturer and TAFE teacher, a volunteer advocate, a Trade Union official, a committee member of organisations such as Landcare, Arts Council and Catchment Management. I have recently been Vice President of another Community Legal Centre (3.5 years). For the last nine years my day job has been as a tenants' advocate Vice Chair - Jane Mendelson. I have over 20 years’ experience across the not-for-profit sectors as a Senior Manager and Business Improvement Executive, specialising in corporate governance, business excellence, program management and stakeholder engagement. I hold a Master’s Degree in Management, and a Diploma in Project Management, Workplace Counselling and Public Participation. I value servicing the community through both my professional work and volunteering my personal time. Secretary - Jaclyne Fisher. I retired from fulltime work at Port Macquarie-Hastings Council in October 2014. During my five years with Council I worked as the Group Manager Community Engagement and Planning for two years and the Group Manager Community Development for three years. These responsibilities included developing and implementing the integrated planning and reporting framework at Council, implementing community engagement, communications and customer service as well as managing the libraries, community grants program, social planning and a range of community development functions for Council. Prior to working at Council, I was a Senior Executive with the Australian Customs and Border Protection Service for over 10 years working in various regions in Australia, as well as working with the Australian Taxation Office for two years with extensive experience in managing diverse operational teams to deliver outcomes. I also worked with Ernst and Young as an indirect taxation senior manager. I hold a Bachelor of Commerce from the UNSW and a Masters of Business Administration from the University of Queensland/Mt Eliza Business School. I have also undertaken training in social planning at the University of Technology NSW and community engagement with IAP2. Treasurer - Hayden Asper. I am a professional member of the Chartered Accountants Australia & New Zealand and the Australian Restructuring and Turnaround Association, and hold a Bachelor of Commerce, majoring in financial and management accounting. I place great value on the work ALA does, and feel privileged to be part of that work. Board Members Todd Crandell. I have had a number of support roles in Research and Development for the CSIRO. Later I was employed as an Operations Coordinator in print media at NSW and Qld locations. I am a contractor and NDIS provider, and also an Enrolled Nurse in Tamworth focusing on Mental Health. I have started and run special needs Tenpin Bowling competition in Tamworth and now also involved in Special Olympics. Living with a child with Disability has given me insights it to the issues faced by Parents, Carers, and the people themselves both in society and from the community. I have a strong motivation for Advocacy and equal rights for those with a Disability. Gayle Brown. I retired in March 2012 after over 41 years as a Federal public servant, the last 20 as a Senior Executive. During this time I worked in several Departments, in a range of administrative and managerial roles, in Melbourne, Sydney and Canberra. My last position involved managing over 1,000 staff in five different locations, and an annual budget of over $85 million. I have a Law degree from Macquarie University and a Master of Business Administration degree from Monash University. As a retiree now living in Port Stephens, I see my role on the Board as providing me with the opportunity to contribute to ALA’s important work using the skills and experience I developed during my career.

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Steven Lord. I have a Diploma in Community Services (Disability) and a Diploma in Government (Management). I worked as a Disability Advocate for ten years before moving to the Anti-Discrimination Board, with the Department of Justice, as a Conciliator in 2005 where I continue to work. During my time as a Disability Advocate I was also Chairman of the Central West Special Needs Centre, which provided several disability services. In addition I was a Community Representative on the Regional Advisory Group (Disability) for ADHC. I have also done work as an Access Consultant. Currently I am part of the Staff with Disability Network for the Department of Justice which I have been part of since I started with the Department in 2005. Monique van Toor. I was born and raised in the Netherlands. My professional background is in General and Mental Health Nursing; attending nursing training at St Willibrord Psychiatric hospital (Netherlands) and Dubbo Base Hospital. I have worked as a Migrant Support Worker in Bathurst for the past 8 ½ years and have been a member of the DIAS management committee for 2 years. John Chaplin. I spent 30 years in the NSW Police in the Aboriginal Liaison Unit, PCYC Zone Commander for the Western region, I have served on numerous community boards, DIAS and Vivability in Bathurst, I have a severely disabled daughter myself, and I currently work with students with disabilities in Bathurst. Advocacy for people with disabilities is a very important to me and something I feel is needed more so now with NDIS than ever before. I am proud be a member of the board who is providing important advocacy services wherever needed Rebecca McMahon. I am lawyer practicing in Sydney and Regional NSW. Predominantly I practice in criminal law and mental health law, and represent clients before the Mental Health Review Tribunal (forensic and civil jurisdictions) and the Guardianship Tribunal. I have represented the most vulnerable members of our community my role as lawyer at the NSW Legal Aid Commission and the Aboriginal Legal Service NSW/ACT. I am currently a sessional lecturer at Charles Sturt University, teaching criminal justice subjects and has been appointed an Adjunct Senior Lecturer at the University of New South Wales where I have taught criminal law, evidence and social justice. I am a member of the NSW Law Society criminal law and rural issues committees. Members The majority of ALA members are people who have used the services with the remainder made up of interested members of the public, volunteers and staff members. Staff ALA currently has 40 staff members.

ALA staff conference November 2016

Volunteers ALA has a number of volunteers and students on placement who are an integral part of the organisation.

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ALA Chairperson’s Report Richard Dash It is refreshing to head an organisation that is always committed to learning, adapting and improving. The ALA Board like the rest of the organisation has been working on further improving the governance of the organisation. As the Board it is our duty to oversee the operation of a growing organisation, carefully monitoring its financial position and anticipating potential risks and opportunities. This year the Board worked with stakeholders to develop a new strategic plan to guide the service over the next three years. I congratulate the Mid North Coast Community Legal Centre for continued operations after a period of uncertainty due government policy and welcome new Disability Advocacy NSW staff in the new expanded regions. The rest of the Board and I express our appreciation for the efforts and achievements of the whole team – all our staff, students and volunteers; in all our locations. After being the Chairperson for 5 years I am retiring from the Board at the AGM, I would like to take this opportunity to make known my confidence in a bright future for ALA, and wish all involved the best for the future. ALA Treasurer’s Report Hayden Asper This is the Treasurer’s report, which is in respect to the Advocacy Law Alliance’s (“ALA”) financial report for the financial year ended 30 June 2017. The financial report was prepared and audited by Jeff Bell AdorantiBell Pty Limited, Certified Practicing Accountants. An audit of the Mid North Coast Community Legal Centre was also conducted by R.A. Evans. The financial report is contained in this document. Neither auditor identified any issues with the financial report. I make the following comments in respect to the financial report: Income Statement ALA received $3,117,868 in revenue for the 2017 financial year, an increase from the 2016 financial year. ALA also received some other income, primarily in the form of bank interest from cash holdings. $2,991,280 was incurred in expenses, resulting in an operating surplus of $764,216. It should be noted that the “depreciation and amortisation expenses” is a non-cash expense, and doesn’t reflect actual cash expended in the 2017 financial year. The largest increase in expenditure was in the category of wages. This is positive movement, as higher employee expenses translates into more employee hours, which in turn translates into better outcomes for ALA’s clients. Balance Sheet ALA’s balance sheet identifies assets in the sum of $1,157,935. Total assets are primarily comprised of cash and cash equivalents, being money held in bank accounts and term deposits. Other assets include amounts for property, plant and equipment, debtor amounts and rental bonds. The balance sheet also identifies total liabilities in the amount of $760,267. Of the total liabilities, $473,526 relate to grants received for works not yet undertaken. The balance of liabilities are comprised of provisions for annual and long service leave, trade creditors and GST payable for the June quarter. ALA’s net assets are $764,216. The net current asset position of $420,279 indicates that ALA is able to pay all of its debts as and when they fall due. Overview

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ALA continues to operate in a financially sound manner. The Income Statement indicates that ALA operated with at a surplus. As at 30 June 2017, ALA has a current ratio of 1.57, a decrease from last financial year’s current ratio of 2.35. The decrease in the current ratio is due to an increased provision for grants received in advance. Based on ALA’s financials, the organisation has grown by a third over the 2017 financial year, the result of proactive work by ALA’s staff in winning grants and the amalgamation with Disability Information Advocacy Service Inc. ALA’s management and staff should be congratulated for their hard work and performance in the 2017 financial year. Hayden Asper CA RITP Chief Executive Officer’s Report Mark Grierson ALA staff members have contributed to this report as a place to document and showcase what we do with the funding we receive each year. They have provided detailed statistics, case studies and descriptions of education, systemic advocacy and law reform work. It is important to get our clients a fair go but it is also important to document how we go about it in a professional manner. This year the Community Legal Centre sector successfully convinced the Federal government to re-think its funding reductions. The NSW disability advocacy sector is now involved in a similar campaign with the NSW government about continued funding of advocacy. While our sector continues in a period of significant policy and environmental uncertainty, the organisation has planned around a number of future scenarios and is in a good position to continue provide quality services to people with a disability and other disadvantaged groups. ALA has continued to work on providing high quality professional services, yet we still focus on providing a human and responsive service to people who deserve a fair go. Some key achievements this year are:

• MNCCLC funding has stabilised after a period of government policy uncertainty allowing staff to focus more the core business of providing free legal help to disadvantaged people.

• Further establishing new DA Central West region • Further establishing a DA office in Western Sydney to concentrate on NDIS Appeals Advocacy

in Nepean-Blue Mountains-Western Sydney Region • Extension of DA to the Central Coast and preparations to establish a presence in the West

and Far West of NSW. Accreditation DA was re-accredited for compliance against the National Standards for Disability Services in April 2017. MNCCLC was also re-accredited by the National Association of Community Legal Centres in September 2016.

MNCCLC: National NACLC Accreditation DA NSW: National Standards for Disability Services

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ALA has put a lot of effort into ensuring that people who use our services can openly provide feedback about their experiences. The feedback received has been positive thanks to the professionalism and dedication of our staff. However, when we receive negative feedback or input from clients or stakeholders, we are always keen to examine our practices and look for improvements. I would like to take this opportunity to thank all staff, board members and volunteers for their work this year.

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Disability Advocacy NSW (DA) Disability Advocacy NSW advocates for people with all types of disabilities in New South Wales. Australia. In essence disability advocacy is about 'standing by' someone, or 'speaking out' for someone's rights, or 'going in to bat' for another person - being 'on their side', especially when the chips are down." (Ian Parsons, 1994). Disability Advocacy NSW - Service Report DA is funded by the New South Wales and Australian governments to carry out a range of advocacy services for people with a disability. This report looks at the number of people we have assisted and the types of advocacy assistance provided. However for a view of what clients think about the service, please see survey results at the end of this report. Additional information can also be found on our website www.da.org.au. Executive Officer – Social Advocacy Darcy Burgess The last twelve months has seen Disability Advocacy NSW experience growth once again in staff and geographic coverage. Our workforce has increased from twenty seven to thirty two staff that now include; Advocates, NDIS Appeals and Readiness Officers, a centralised Intake Team with a dedicated Team Leader, a Community Legal Service Delivery Hunter Coordinator, a Receptionist and last but not least our two full time mascots Richie and Sadie (See photo below).

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Due to additional funding for NDIS Appeals and NDIS Readiness DA NSW’s geographic footprint has increased significantly. It now includes an office in Parramatta servicing the Nepean / Blue Mountains / Hawkesbury and Lithgow regions and an office in Taree to service clients in the Myall Lakes region with NDIS Appeals. We are in the process of establishing offices in Dubbo and Broken Hill to deliver information sessions on NDIS preparation to ‘hard to reach’ locations and communities. These locations extend to towns such as Balranald, Dareton, Bourke, Brewarrina, Walgett, Cowra, Coonamble, Cobar, Condobolin, Lightening Ridge, Mudgee, Kandos and west of Dubbo with a focus on both Aboriginal and general communities. DA NSW has also received funding to provide NDIS Readiness in the Mid North Coast region (Coffs Harbour office) which will cover towns such as Kempsey, Nambucca Heads and other smaller towns. It is our aim to deliver NDIS Readiness in partnership with the First Peoples Disability Network (FPDN). It has been a privilege to work with the wider DA NSW team not only to experience the exceptional outcomes that are achieved through passion and hard work for our clients but to have the opportunity to work in partnership with staff to share strategy and forte to continue to improve and provide exemplary service that is acknowledged not only by our clients but also our funding bodies. Progress against Current Business Plan Objectives – 2017 - 2020 Foster high quality, client – centred services: DA NSW have created a centralised Intake Team with a dedicated Team Leader. This will ensure the ongoing smooth, timely, transition and allocation of clients to Advocates. Promote a positive team culture and high morale: DA NSW promotes collaboration by all staff acknowledging that each employee has their own strengths and interests to contribute to the service to facilitate continuous improvement across all regions. Develop a sustainable funding base for the organisation to operate and grow: The CEO, Regional Coordinators and staff have united to lobby local, state, federal members and their constituents to continue state funding to assist clients with ongoing issues that are not related to or recognised by the NDIS. Strengthen collaboration between internal service arms: DA NSW has provided training to the MNCCLC regarding NDIS Appeals. DA NSW and the MNCCLC have also collaborated on submissions for the Review of the Guardianship Act. Provide management systems and internal infrastructure to support optimal business performance: DA NSW is resolute in providing operational support to staff and regions to ensure ongoing best practice. In addition, DA NSW has invested in services upon which we can build the business i.e. we have upgraded our network services; our IT operating systems have been upgraded and we are continually improving the functionality of our client management system. We now have dedicated service desk support that provides not only support but information security and data backup. DA NSW also provides basic business services such as payroll and financial controls and we have researched mitigation of risks in relation to business continuity. Research new initiatives to expand advocacy support services: In the past 12 months DA NSW has investigated the provision of Coordination of Supports and tendered for the Cognitive Impairment Diversion Program (CIDP) Support Role. Develop partnerships and possible mergers with external agencies sharing the ALA value base to increase service reach with a particular focus on indigenous agencies: DA NSW continues to create relationships with like services i.e. The Neighbourhood Centre in Dubbo and the Community Legal Centre in Broken Hill, in which, we will be co-locating staff. In addition, as outlined above DA NSW also intends to partner with the First Peoples Disability Network in the West and Far West to build knowledge, develop skills and prepare people with disability and their families for first contact with the NDIS.

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Ensure a diverse and culturally safe workplace: DA NSW has created a diverse and culturally safe environment that is socially and emotionally safe, as well as physically safe for our staff and our clients. We have an open understanding where there is no challenge or denial of an individual’s identity, of who they are and what they need. I look forward to continuing to work through challenges with DA and the wider ALA team in the months and years to come. Advocacy Manager’s Report Ndinawe Mtonga Over the past year, DA has continued to grow in the NDIS environment and we have welcomed a number of new staff across various regions. The year has been a busy but stimulating one for all and this can be reflected in the increased advocacy matters we have worked on refer to Advocacy Stats section below). We look forward to another successful year ahead. Training and Networking This year, DA staff travelled to Newcastle for an All DA conference and staff training on 17 & 18 May 2017 (refer to photo below). It was a good way to allow new staff to meet their colleagues from other regions and to introduce the new faces to the team. On the first day, staff received a presentation about icare from icare staff. This presentation gave some back ground on the scheme and the review processes available so as to equip staff with the relevant knowledge when assisting icare participants to lodge disputes and/or complaints as per the icare funding received for this purpose. After this presentation, staff participated in the ALA strategic plan consultation and we finished the day off with a dinner at Honey Suckle Hotel for some networking and team building.

icare staff about to present about the Scheme to DA staff at the All DA Conference

On the next day of the conference, staff received a refresher training on the NDIS from Maurice Blackburn Lawyers, followed by a presentation from NSW Fair trading about consumer rights under the NDIS. All staff travelled back to their respective regions after lunch on 18 May 2017. DA has continued to network with other organisation to explore ways to improve service delivery to clients. In June 2017, DA provided NDIS Appeals training to new NDIS providers in NSW and QLD (refer to image below). This was a very productive day and DA received a number of positive comments commending them on their extensive knowledge of the NDIS, and more specifically the appeals process.

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NDIS Appeals Advocates from Advocacy agencies in NSW & QLD gather for training in Newcastle

Systemic Advocacy All DA NDIS Toolkit DA is in the process of creating an NDIS Toolkit for our clients and their carers to use as a self-help tool when dealing with the NDIS. This has been a work in progress and it is hoped that the Toolkit will be ready in early 2018. Hunter Internal Review Fact Sheet A Systemic Advocacy Project regarding improved engagement/cooperation with the National Disability Insurance Agency (NDIA) (NSW North) was completed upon the re-instatement of bi-monthly Feedback Meetings and the provision of an agreed Terms of Reference for future meetings. Hunter-Central Coast Advocates are hopeful the renewed networking with the NDIA will be able to better assist clients in resolving NDIS issues as DANSW will have a clearer and more direct connection to key decision makers within the NDIA. A new Systemic Advocacy Project identified and agreed upon by Advocates relates to the importance of attempting to enhance the capacity of individuals to know about and if needed, pursue an Internal Review (IR) of a decision made by the National Disability Insurance Agency (NDIA). A common trend encountered by staff has been that there is a sufficient understanding about the option to seek a Review of Plan based on a change in someone’s individual circumstance but there is limited understanding by service providers, carers and most importantly persons with disability about the IR option. Hunter-Central Coast staff plan to create a resource which will be distributed as and when needed to clients and other interested parties. Mid North Coast Disability Info Support Hub (DISH) – Coffs Harbour & Port Macquarie The Coffs Harbour and Port Macquarie Disability Info Support Hub (DISH) projects have been going along well on the MNC. In Coffs Harbour we recently had a Disability Expo where DISH had a stall in addition to DA (refer to photo below).

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DA intake officer (Jessica Humphries) and Advocate (Vanessa Smith) at the Living Well Expo on Coffs

Harbour on 16 August 2017. Next to then are two DISH participants This day provided a great opportunity to network with clients and families and to inform people about DISH. We will shortly have a new Advocate in the Coffs Harbour office who will initially be assisting with networking in the local community so it is envisaged that this person will be highly involved in DISH and can greatly assist with this project. In Port Macquarie Julie Haraksin (Volunteer) has been largely involved with coordinating the DISH project there. We will look at the possibility of submitting an ILC grant application as there are grants currently open for submission that may be suitable for the DISH project. More information about the DISH can be found at: https://www.facebook.com/disabilityinfohub New England Parents in Care Matters NE has been working on a project addressing supporting parents with a disability when they are involved in Child Protection ‘Care’ matters. DA NSW Staff have presented to maternity ward staff across the region, with two more presentations pending. As a team we are now looking at our next target group for this project, it may be legal stakeholders, court house staff or perhaps community service workers, disability support workers or early childhood workers. Central West Improved relations with Centrelink in Bathurst The central west team are working to improve relationships with the Bathurst Centrelink office to ensure they are aware of what DANSW does and to discuss some of the issues persons with disability are experiencing with their Disability Support Pension applications. A letter has also been written to the Western NSW Primary Health Network (WNSWPHN) to inquire if they would like DANSW to provide an education session to medical professionals on what information is now required under the current legislation and on using the Centrelink Impairment Tables for their patients’ medical conditions to be considered. Regional Legal Aid solicitors have agreed to assist in providing this education session. Nepean Blue Mountains Systemic advocacy issues pertaining to the administration of the NDIS continue to dominate in the NBM region.

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We have observed a consistent lack of understanding by the NDIA of the meaning, and application, of the NDIS Legislative framework, inclusive of the NDIS Act, Rules and operational guidelines. Of particular concern is the lack of understanding of the review process and implications of their decisions on an individual’s rights to appeal. Repeatedly we are finding that the NDIA are NOT following correct procedure when they receive a request for review. Despite requests made using the correct NDIS form, explicitly stating the provision in the Act which gives power to the individual to request a review, and, requests being made within correct time frames, delegates are processing reviews first and foremost as an “informal” Plan Review. In response to this misunderstanding of the legislation we have worked with the Quality Assurance Team and Assistant Director of Service Delivery in the Local office to explain the difference between the review types and the implications for participants if reviews are not processed correctly. The Quality Assurance team have also investigated cases we identified where the incorrect review was conducted and have taken action to rectify the issues. We are taking actions to affect the same level of positive change in the local offices our clients are engaged with. Education Sessions DA has continued to run a range of information sessions and workshops about disability advocacy, the rights of people with a disability and NDIS Appeals. This year, DA conducted 86 information sessions and workshops for people with disabilities in group homes and supported employment as well as people without a disability, disability organisations, community groups, TAFE students, and university students. Additionally, we attended over 50 Expos in all our regions through ought the year. Refer below for some photos taken during some of these sessions; however, DA’s Facebook page https://www.facebook.com/DisabilityAdvocacyNSW provides detailed day to day information about our community education program to people with a disability and the public.

Central West Advocate Evelyn May in Dubbo, speaking with Westhaven workers about Disability Advocacy. They were completing a course on self-advocacy and setting goals/ decision making

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Our Intake Officer, Jo Blundell and Social Work Student, Marie Linehan, at the International Day of

People with Disabilities Expo CLSD project The Cooperative Legal Service Delivery (CLSD) Program is a regionally-based approach which aims to improve legal service delivery outcomes for economically and socially disadvantaged people including people with disabilities. ALA is the regional coordination agency for this project. The role of Hunter Regional CLSD Coordinator was held by Suzanne Parker at the start of the financial year, followed by Mark Grierson during the process to recruit new staff members. As of March 2017, Lauren McGowan-Slee has taken over the role as Hunter Region CLSD Coordinator. Key activities this year included:

• Support of the Opening Doors Interactive Play with Tantrum Youth Art, NSW Police Force, DV Unit, Hunter Community Legal Centre, and local support services. The program was put on hold for much of the financial year whilst pursuing funding options. The Opening Doors Interactive play has been successful in securing 12 months’ worth of funding that is substantial enough to not only continue the project, but expand the audience reach to nearby regions.

• Traffic Law Project at Toronto Court with Hunter Community Legal Centre is continuing. The Traffic clinic is held every Tuesday and provides face to face legal advice to people attending the court for traffic offences.

• Law Week at Newcastle Library in partnership with Hunter Community Legal Centre and speakers from the library and Newcastle University presented Underbelly: Stories of the Hunter's infamous crimes, held in the bar of the Civic Theatre. Information about the work of Community Legal Centres in New South Wales was presented during the week.

[CLSD Report completed by Lauren McGowan-Slee]

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Individual Advocacy Statistical Information This financial year DA assisted with 1,544 advocacy matters, compared to 901 matters last financial year. These figures do not count the hundreds of calls requesting information, advice and referrals. Refer to the following graphs for more information on the individual advocacy provided by DA. Intake Update Intake stats over the reporting period show an increase in Waiting List Records and Risk Assessments which means that more issues are going through Intake and being allocated as ‘A’ matters. We expect this to increase with the roll out of NDIS in more regions. The new Intake space in the Hunter office appears to be working out well. Intake Graph The graph below reflects the increasing numbers of advocacy requests being processed through intake. For example, in Q1 (2016-2017) there were 321 Waiting List Records (WLR) accepted for advocacy, 391 in Q2 (2016-2017), 404 in Q3 (2016-2017) and 479 in the current quarter Q4. Inquiries have dropped a little in this time, however only by a small number.

Advocacy Statistics NDAP For Q4 (2016-2017), the graph below shows a continued increase in advocacy matters worked on across all our regions, with a much steeper increase reflected in the Hunter region, as has been the trend through the 2016/2017 financial year. DA has worked on a total of 744 advocacy matters across all LGAs in Q4 (2016-2017), compared to 694 in Q3 (2016-2017), 536 in Q2 (2016-2017) and 438 in Q1 (2016-2017).

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NDIS Appeals NDIS Appeals staff continue to participate in teleconferences with other NDIS Appeals staff in regions where the NDIS has rolled out, on a monthly basis. These meetings help identify ways to improve service delivery and share knowledge around this new change in the disability sector. NDIS Appeals staff also continue to participate in annual meetings with all stakeholders involved in the NDIS Appeals program; such as DSS, Legal Aid, the AAT and other NDIS Appeals providers. The graph below shows that NDIS appeals matters have vastly increased in Q4 within the Hunter NE and NBM regions. As per usual, the Hunter has recorded the largest numbers. The graph correctly reflects that the Central West and MNC regions do not have any NDIS appeals matters at the Tribunal at present. DA has worked on a total of 36 external merits reviews (NDIS Appeals matters) across all LGAs in Q4 (2016-2017), compared to 16 in Q3 (2016-2017), 14 in Q2 (2016-2017) and 14 again in Q1 (2016-2017). We anticipate that NDIS Appeals matters will continue to increase as the NDIS is rolled out nationwide.

As has always been the case in the past, DA’s main cultural cohort continues to be those from English speaking backgrounds (refer to graph below). The continued steady increase across the board may be attributable to increased advocacy numbers. Unfortunately, even though DA strives to increase

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Aboriginal, Torres Strait Islanders and CALD client numbers by instigating a culturally safe environment through staff training and other relevant workplace adjustments, there has been a slight drop in the number of Aboriginal/Torres Strait Islander clients being serviced. Despite this, the number of clients from CALD backgrounds has increased. This may be attributable to the increased clients from the NBM region, which has a high number of people from CALD backgrounds living there.

The graph below shows a general increase in all categories of disabilities, but this would reflect the general increase in client numbers. In Q4 (2016-2017), there has been an increase in clients with physical disabilities, making it the most common disability among DA clients in this quarter. This has also reflected a steep increase in this form of disability, compared to previous quarters. The graph below also shows that the number of clients with psychiatric disabilities is the same as was in Q3 making this a close second with regards to the most common disability among DA clients in Q4.

The table below shows that financial issues continue to steadily increase each quarter and are the highest type of advocacy matters worked on in Q4 (2016-2017). NDIS matters are a close second at 90 matters (i.e. 36 NDIS Appeals and 54 NDIS non appeal matters, such as complaints, Internal reviews etc.). It’s important to note that the financial advocacy numbers are across all DA regions, whereas

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NDIS matters are on in those regions where the NDIS had rolled out, i.e. Hunter, NBM, NE and part of MNC, I.E. Taree. This means there will definitely be a greater increase in NDIS matters once all regions are fully rolled out.

Advocacy Issue Q1 (2016-2017) Q2 (2016-2017) Q3 (2016-2017) Q4 (2016-2017) Abuse/neglect 16 17 19 17 Accommodation 57 86 80 78 Discrimination 28 37 39 29 Education 49 43 48 50 Employment 12 10 12 8 Equipment 3 5 7 6 Finances 75 84 88 93 Health 13 15 19 19 Independence 8 5 6 8 Legal 74 88 99 86 NDIS Other 63 105 142 54 NDIS EMR 9 12 16 36 Physical Access 6 5 6 6 Recreation, social or family

9 11 13 14

Services 71 62 65 86 Transport 5 8 11 12 Vulnerable and/or isolated

13 15 13 9

Other 9 8 7 9 Outcomes In Q4 (2016-2017), we are back to having most matters resolved, as compared to Q3 (2016-2017), where partial resolutions were the highest. This change may be due to the discussion held at our All DA meeting in May, clarifying the categories below and advising that if all matters in the Advocacy Agreement were completed as per the agreement and no further advocacy options were available then the matter was resolved. Before this meetings, some staff mentioned they thought the matter was resolved only if the client was satisfied with the outcome; however this can sometimes be difficult because some client requests are unachievable. Despite this, we can still assist them to have their say even if they do not get the outcome they specifically want.

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Feedback DA sends out Client Feedback Sheets to all clients who have been exited from the service once their matters have been finalised. Clients have the option to respond via mail, online or over the phone. In Q4 (2016-2017), 27 Exit Feedback sheets were received and documented, with most responses being positive. This is a slight drop in the Feedback numbers because in Q3, 35 responses were received (even though only 20 were received in Q2 (2016-2017)). Survey Questions/Explanation of Words in the Chart Respect My advocate listened to me and treated me with dignity and respect Options My advocate gave me options to choose from when helping with my issue Permission My advocate got my permission before talking to other people about my

issues Right to Complain I knew I had the right to complain if I was unhappy with the service Outcome My advocate helped me to achieve what I wanted Recommend I would recommend the service to others

DA also sends out Feedback Sheets to all clients who have gone through the intake process. The above mentioned three feedback options are also available for intake surveys. In this quarter, Q4 (2016-2017), we received a total of 25 responses; whereas in Q3 (2016-2017) we received 40 and in Q2(2016-2017), we received 32. This drop in numbers is a bit concerning, considering the clients services are increasing. These stats will be shared with all DA staff and staff will be reminded of the importance to send Feedback sheets to all clients. Even though returning feedback is not mandatory

020406080

100120140

Advocacy Outcomes

Q1 (2016-2017)

Q2 (2016-2017)

Q3 (2016-2017)

Q4 (2016-2017)

0

5

10

15

20

25

30

Respect Options Permission Right toComplain

AchievedOutcome

Recommendservice

Exit Survey Q4 2016 - 2017

Yes

Not Sure

No

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for clients, it is important to provide an opportunity for all clients who wish to provide feedback on the service they have received.

Intake Survey Questions/Explanation of words in the Chart Information I found it easy to find information about the service Timely The service responded to my initial request in a timely manner

Respect The Intake Officer listened to me and treated me with dignity and respect

Permission The Intake Officer got my permission before talking to other people about my issue

Complaint I knew that I had the right to complain if I was unhappy with the service

Useful The information I was provided by the service was useful Recommend I would recommend the service to others

05

1015202530

Intake Survey Q4 2016 - 2017

Yes

Not Sure

No

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The Mid North Coast Community Legal Centre (MNCCLC) located in Port Macquarie provides legal information, legal education and legal advice and advocacy to people living and working in the local government areas of Port Macquarie – Hastings, Kempsey Shire and the Manning region of MidCoast. MNCCLC believes that improving access to justice for people who experience economic and/or social disadvantage is fundamental to a fair and equitable society. MNCCLC provides legal information to all people living and working within the catchment area. MNCCLC also provides legal advice from a solicitor to all people living and working within the catchment area, who need help in any of the following areas:

• Debt and money issues • Employment • Fines and traffic offences • Car accidents • Family violence & apprehended violence orders • Buying goods and services • Insurance • Discrimination • Solicitor complaints • Police complaints • Powers of attorney and Enduring Guardianship • Privacy and personal information • Government complaints • Criminal law (limited)

Mid North Coast Community Legal Centre - Service Report Executive Officer – Legal Advocacy Catherine Peek The 2016-17 year marks the sixth year the MNCCLC has provided professional services to the Mid North Coast community. Community legal centres are independent not for profit services which provide a range of assistance on legal and related matters to people on low incomes and those with special needs. They are a key component of Australia’s legal assistance system, providing services that complement and extend the services provided by legal aid commissions and the private profession. The work of MNCCLC continues to be both challenging and rewarding. This has been an exciting year with results showing the Centre continues to use innovation and hard work to further reach the people of the Mid

North Coast community. However, the funding environment CLCs have faced over the last few years has posed incredible challenges to our sector. The #FundEqualJustice Campaign demonstrated the determination and resilience of the CLC sector, with an outstanding result. On 24 April 2017 the Federal government announced the reversal of the 30% funding cuts which were to take place on 1 July 2017. This is a great achievement and the sector breathed a collective sigh of relief that we will continue to provide an invaluable service to our local communities. However, there is still much work to

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be done into the future to address the broader sustainability of the sector.

Left: Jane Titterington met Luke Hartsuyker MP, January 2017; Right: Mel Kallmier met David Gillespie MP at Men’s Health Expo, March 2017

MNCCLC continues to provide quality, professional legal assistance and education to the Mid North Coast community. I am extremely grateful and proud of the service provided by the dedicated team of staff and volunteers. Principal Solicitor Jane Titterington The Centre continues to be funded through Commonwealth and State government grants administered by Legal Aid NSW. This report looks at the assistance provided by MNCCLC in the 12 months ending 30 June 2017. Funding MNCCLC relies mainly on funding from the Commonwealth and State Governments under the Community Legal Services Program for community legal centres. During this financial year MNCCLC also received funding from Legal Aid through the Regional Outreach Clinic Program (ROCP) for conducting clinics at Kempsey, Laurieton and South West Rocks. MNCCLC continues to be part of the CLC sector providing legal assistance and services that complement and extend the services provided by legal aid commissions and the private profession. MNCCLC does this work through providing legal information and referrals, legal advice, legal casework, community legal education and law and policy submission activities. MNCCLC provides services by telephone, via video conferencing or by face to face appointments in Port Macquarie or at various outreach locations in Kempsey, Taree, Wingham, South West Rocks, Laurieton and the Mid North Coast Correctional Centre. MNCCLC also runs a traffic program at Taree Local Court.

Outreach locations include Laurieton, Kempsey and Mid North Coast Correctional Centre

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Statistics Community Legal Centres in Australia were required to change from CLSIS to data collection through a customised database called “CLASS” (Community Legal Assistance Services System). For MNCCLC, this changeover occurred in February 2017. CLASS has a number of new features, including new ways of categorising and counting the work that we do. This means that the statistics we have gathered in the 2016-17 financial year are a mixture of CLSIS and CLASS, and as such may not paint as comprehensive and accurate a picture with which to compare previous years. The main new categories are

- Information/Referral - Legal Advice - Legal Task - Duty Lawyer

Representation services - Facilitated Resolution Service - Court/Tribunal - Other Representation

Information and Referral This financial year MNCCLC provided information and referral (not including information and referral provided when a MNCCLC solicitor gives legal advice) on at least 1156 occasions. Legal Advice A total of 849 legal advices were given in the last financial year. Legal advice is defined in CLASS as “the provision of fact-specific legal advice to a Service User in response to a request for assistance to resolve specific legal problems.” The CLASS System is not yet customised to allow users to identify the work we have done in complete detail, however the following table shows the proportion of legal issues that arose in an advice sessions.

Area of Law % Road & Traffic Offences and Other Fines 24.97% Credit and Debt 10.95% Wills & Power of Attorney & Guardianship 10.60% Employment 9.89% Consumer 9.07% ADVOs and APVOs 6.48% Other Civil 6.12% Administrative Law 6.01% Victims Compensation 2.71% Motor Vehicle 2.71% Tenancy 2.29% Discrimination 1.77% Neighbourhood Disputes 1.53% Property 1.53% Contact & Residency 1.30% Crime 0.71% Family 0.70%

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Child Protection 0.66% TOTAL 100.0

Unfortunately our database is currently unable to report the locations where our advice clients live. MNCCLC has a policy of offering face to face advice sessions in the Kempsey and MidCoast regions of our catchment, to encourage equal access to legal services for those who may be disadvantaged by distance. At present, we are also unable to identify the composition of our clients with reference to disability, Aboriginality or financial disadvantage. We are very keen to see these facilities introduced to the CLASS database to allow us to represent our work accurately. Legal Task This financial year MNCCLC provided legal task assistance on 52 occasions. A Legal Task is defined as “where a Service Provider completes a discrete piece of legal work to assist a Service User to resolve a problem or a particular stage of a problem” and is a new category in CLASS. The following table shows the proportion of legal issues that arose in Legal Task work. We are unable at this stage to report details of the clients we assisted, such as residential location, Aboriginality, disability or income status, although these details are all recorded in CLASS.

Area of Law % Road & Traffic Offences and Other Fines 7.69% Wills & Power of Attorney & Guardianship 21.15% Credit and Debt 11.54% Consumer 13.46% Other Civil 1.92% Administrative Law 13.46% Employment 13.46% Victims Compensation 9.62% Immigration 3.85% ADVOs and APVOs 3.85% TOTAL 100.0

Discrete Non-Legal Support Service Discrete Non-Legal Support Service is a new category of service, defined in CLASS as one “provided by an appropriately qualified or experienced person (either through an internal or external appointment) to a Service User in response to a request for assistance to resolve specific, non-legal problems.” In 2016/17, MNCCLC provided discrete non-legal support on 18 occasions The following table shows the types of issues that arose in Discrete Non-Legal support work. We are unable at this stage to report details of the clients we assisted, such as residential location, Aboriginality, disability or income status, although these details are all recorded in CLASS.

Area of Law % Road & Traffic Offences and Other Fines 5.56% Wills & Power of Attorney & Guardianship 27.8% Credit and Debt 5.56%

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Other Civil 22.2% Administrative matters 11.1% Employment 11.1% Family Law problems 5.56% TOTAL 100.0

Duty Lawyer Duty Lawyer is a new category of legal service in CLASS. It refers to “legal services provided by a duty lawyer to a Service User at a court or tribunal.” MNCCLC provided Duty Lawyer services to clients on at least 71 occasions. In 100% of those occasions, the issue with which we assisted clients was Road & Traffic & other offences. This is in line with our Traffic Program in Taree, which is based on helping low income and vulnerable clients with driving matters before the court.

Representation Services Representation Services are where a Service Provider takes carriage of a matter in an ongoing, representative capacity. They are divided into 3 separate types of service in CLASS. Dispute Resolution Service This service is the legal representation of a Service User in a Facilitated Resolution Process, or an alternative dispute resolution process. This service type does not include court/tribunal based alternative dispute resolution, which is incorporated in the definition of Court /Tribunal Services. MNCCLC provided representation to one client in this type of service, in the area of employment law. Court/Tribunal Court/Tribunal work is a new category of legal service counted in CLASS. It relates to “any ongoing representation for any matter before a court, tribunal or inquiry, where a Service Provider provides legal representation to a Service User, and takes carriage of a matter in an ongoing, representative capacity. This includes court/tribunal based alternative dispute resolution”. MNCCLC provided Court/Tribunal assistance to clients on at least 119 occasions in 2016/17 The following table shows the proportion of legal issues that arose in Court/Tribunal work. We are unable at this stage to report details of the clients we assisted, such as residential location, Aboriginality, disability or income status, although these details are all recorded in CLASS.

Area of Law % Road & Traffic Offences and Other Fines 94 % Trusteeship/ Guardianship 0.9% Credit and Debt 1.7% Employment 0.9% ADVOs and APVOs 1.7% TOTAL 100.0

Other Representation “Other Representation” is a new category of legal service counted in CLASS. It refers to any matter where the Service Provider:

• takes carriage of a matter in an ongoing, representative capacity, but due to the nature of the matter it does not proceed to a court, tribunal or inquiry, or

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• is not required to appear before a court, tribunal or inquiry. MNCCLC provided “Other Representation” services on 145 occasions in the 2016/17 financial year. The following table shows the proportion of legal issues which arose in Other Representation work. We are unable at this stage to report details of the clients we assisted, such as residential location, Aboriginality, disability or income status, although these details are all recorded in CLASS.

Area of Law % Road & Traffic Offences and Other Fines 27.6% Wills & Power of Attorney & Guardianship 16.6% Credit and Debt 14.5% Consumer 8.28% Other Civil 6.21% Administrative Law 5.52% Employment 4.83% Victims Compensation 4.83% Motor Vehicle 4.14% ADVOs and APVOs 2.07% Discrimination 1.38% Child Protection 1.38% Neighbourhood Disputes 0.69% Family 0.69% Immigration 0.69% TOTAL 100.0

Some examples of cases MNCCLC has assisted with follow: Case Example 1: Credit and Debt

Our client is living with an intellectual disability. He organised installation of a home product, which failed,

causing water damage to his property. Our client contacted us when Fair Trading NSW negotiations had

concluded without a satisfactory result. We assisted our client to negotiate with the installer’s insurer to reach

an appropriate settlement, and advised him on the deed of settlement which the insurer offered. Our client was

pleased with the result.

Case Example 2: Consumer Law - Funeral Insurance

Our client was a holder of a funeral insurance policy with the Aboriginal Community Benefit Fund (ACBF). At the

time, ACBF was subject to imminent Federal Government changes which would preclude ongoing insurance

payments from being made by Centrepay. MNCCLC worked with the Aboriginal community to provide advice

about the changes, and also to assist clients to understand their policies. We assisted our client in this matter

to get updated information from ACBF, to seek regular statements and to understand the coverage that his

policy provided.

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Case Example 3: Employment

Our client was an older man employed casually in the transport industry. He was dismissed after exercising his

workplace rights in relation to medical leave, and sought help from us in relation to general protections under

the Fair Work Act. MNCCLC assisted him to lodge an application with the Fair Work Commission for

conciliation, and advised him on the terms of settlement reached through that conciliation.

Case Example 4: Credit and Debt

Our client lives with a mental illness and had accrued a large number of fines. Our client had attempted to

contest or appeal some of these, however these attempts had all been unsuccessful and were being enforced

by the Revenue NSW – adding additional costs to our client. We assisted our client to collate and understand

each of the fines, and then successfully advocated on behalf of our client for a waiver of the fines by Revenue

NSW.

Community Legal Education

Left: Mel and Tamsin at Taree Shopping Centre, Law Week May 2017 Right: Solicitor Pat Hourigan at NAIDOC, Kempsey, July 2016

MNCCLC provided community legal education (CLE) in a variety of formats and across a range of legal issues during this financial year. The main focus continues to be connecting with local service providers and the wider community in each of the LGAs covered by MNCCLC.

Our key focus areas for CLE are:

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Community workers

• general information about MNCCLC and the help we can offer

• Legal Health Checks – how to know whether the issues your client is facing may have a legal resolution

• Employment law

• Traffic law

• Planning ahead law (Powers of Attorney and Enduring Guardianship)

Community members and the public

• general information about MNCCLC and the help we can offer

• Employment law

• Traffic law

• Planning ahead law (Powers of Attorney and Enduring Guardianship)

• Consumer law (including consumer credit)

• Police powers

• Issues which have a specific impact on Aboriginal people (ID documents, funeral insurance products,

Stolen Generations Reparations)

MNCCLC actively participates in many interagencies, to ensure that referral pathways to our service are being constantly promoted. We are regular attendees and active members of key interagencies in all the areas we service. This allows us to maintain active involvement in a number of community networks, supporting events including NAIDOC, Family Fun Days, Law Week, Close the Gap Day and others.

Left: Admin and Client Services Officer Tim Bauer at the Family Fun Day Law Reform We collaborated closely with Disability Advocacy over the summer of 2016/17 to develop and lodge submissions to the NSW Law Reform Commission on the operation of the Guardianship Act. We were particularly interested in the issues around Powers of Attorney, Guardianship and Enduring versions of both. This interest springs from the regular contact we have with clients under Financial Management Orders, Guardianship, or at risk of Elder Abuse.

RRR Roadshow In April 2017 MNCCLC hosted a roadshow for Rural, Regional and Remote Community Legal Centres in New South Wales. Representatives from many RRR Centres and specialist CLCs came to Port Macquarie for the 2 day roadshow. We offered training, meditation, a law reform session with the President of the Law Council, insight from a local Aboriginal community member into issues facing community in the Mid North Coast Correctional Centre and other activities. It was an important roadshow and allowed sharing of ideas and was a great opportunity to meet our colleagues in other RRR Centres. All the feedback we received was extremely positive and we look forward to the next one. Volunteers

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MNCCLC relies on the support of volunteers to deliver an effective and accessible legal service. The volunteers also bring different outlooks and experience to MNCCLC and we are enriched by their association with our Centre and endlessly appreciative of their efforts on behalf of our Centre and the local community. We would like to thank a number of student volunteers that have assisted us throughout the year. These include:

• Leiann Vicars (Volunteer Solicitor) • Matt Taylor (College of Law) (PLT Placement) • Stacey McMillan (College of Law) (PLT Placement) • Dominique Brown (College of Law) (PLT Placement) • Wendy Carpenter (College of Law) (PLT Placement) • Tamsin Wells (College of Law) (PLT Placement) • Sarah Rayner (College of Law) (PLT Placement) • Ravinder Dogra (TAFE NSW) (Legal Assistant) • Jonathan Barnett (UNSW) (Legal Assistant) • Christine Carder Rice (College of Law) (PLT Placement) • Raelene Gregson-Mainey (Legal Assistant) • Ruth Hodge (College of Law)(PLT Placement)

Volunteer Voices I undertook my Practical Legal Training work experience at MNCCLC from December 2016 to April 2017. During this time I soon discovered that there was a lot more to working in a legal centre than representing clients in courts or tribunals. I observed how the solicitors and support staff also linked and referred clients to other services such as financial counsellors, provided advice on alternative dispute resolution, educated students and community groups through CLE, and met with other services to discuss approaches to address collective issues. As time progressed I gained an appreciation of how this multi-pronged approach could really address systemic problems for people in the community. In terms of my professional development, I gained a huge amount of confidence during my time at MNCCLC. I had the opportunity to speak to clients every day, attend community events, mention matters in court, and sit in on advice sessions. The solicitors were supportive yet encouraged me to "have a go", and always had time to discuss anything I needed assistance with. This was a fantastic first experience in a legal environment

- Tamsin Wells, PLT Placement volunteer, 2017

Dominique Brown and Stacey McMillan (Volunteer PLT students) at Taree Court, November 2016

Christine Carder Rice (Volunteer PLT ) with NSW Justice staff for Aboriginal Birth Certificate Day , Kempsey, July 2016

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