Community Justice Centres - 1999-2000 Annual Report

The Honourable B Debus, Attorney General Dear Minister, I have the honour to present, pursuant to section 31(1) of the Community Justice Centres Act 1983, the seventeenth Report of the Community Justice Centres’ Council. The report covers the year ending 30 June 2000.

Community Justice Centres Council

Judge Robyn Tupman

Chair

2000

Contents

Chairperson’s Message 2

The Council 3

Organisational Chart 3

The Mediator 4

Director’s Report 5

Regionalisation 5

Outreach Services 5

Conflict Management Services 6

Partnerships 6

Future Directions 7

Mission Statement 7

Values 7

Key objective 7

Budget 8

Budget Expenditure 8

Client Service 9

Provision of a speedy service 9

Provision of an expeditious service 10

Case-load 11

Outcomes 11

Outcome sought by Party A 12

Referral Source 13

Disputes most likely to be resolved 13

Disputes 14

Nature and complexity of disputes 14

Relationship between the parties 15

How serious are the disputes? 16

Legal action status 16

The Service User Profiles 17

Glossary of Definitions 19

Appendix A - Geographical location of Party A 20

Appendix B - Categories of Nature of Dispute 21

Location of Regions 22

Chairperson’s Message

The year leading into and including the Millennium year has seen perhaps some of the most significant changes since

the Community Justice Centres (CJC) began its journey of supporting individuals and communities in managing and

resolving conflict. This is particularly as a result of the regionalisation of the CJCs, to provide more accessible and

equitable services to the people of NSW. These developments are detailed in the Director‟s report.

The CJCs continue to meet the vision for the Attorney General‟s (AG‟s)

Department, by enhancing and supporting safer and more harmonious communities: meeting client needs, effectively

managing disputes, providing advice to the Attorney General (AG) and the government.

Awareness of and access to the CJCs, by people and communities in need of dispute resolution services is a primary

focus of the CJCs. The provision of a regional and more localised model of service delivery has substantially improved

access. Other provisions include continued use of interpreters services, information in appropriate languages, and

community conflict management support for aboriginal communities and ethnic communities. In recognition of the

cultural diversity of our clients, recruitment of staff and mediators also reflects, in part, the socio demographic

characteristics of local communities.

Exciting progress has been made in developing technology assisted mediation (and links to AG‟s Webfeet ) which will

offer opportunities to provide a limited mediation service to remote areas and to people isolated by distance or

disability. The CJCs also has a website; 1800 free call phone lines and after hours and weekend services by

appointment.

The CJCs have a number of ongoing promotional activities to increase client and community awareness of the services,

for example, the development of a number of videos, pamphlets, conference presentations, media interviews, and

community development.

Access to the CJCs has been assisted by local court referrals providing a non-legal alternative for clients diverting

costly and time consuming proceedings before the court. The CJCs have developed an enhanced response to

apprehended personal violence orders (APVO). Effective referral procedures have been established and a pre-

mediation „Conference Interview Format‟ has been developed for issues impacting on family disputes. The CJCs have

led the field in mediating generational conflict, particularly cases referred from the Children‟s Courts.

A closer liaison with other government departments, such as Community Services, Police and Housing has enhanced

CJCs‟ strategy for early intervention and less costly resolution of disputes. There are significant potential savings to the

Government in these and other partnerships.

The new millennium promises to be a time of consolidation and new challenges. I would like to acknowledge the

contribution of the Council members, the energy and commitment of the Director and the CJCs staff, and most

importantly the role of the Mediators, who are selected and trained by the CJCs, and appointed by the Attorney

General.

Judge Robyn Tupman

Chair, CJC Council

The Council

Judge Robyn Tupman

Chair, nominated by the Attorney General

Mr Gary Still

Magistrate, nominated by the Chief Magistrate

Ms Kylie Nomchong

Member, nominated by the Attorney General

Ms Anne O’Connell

NSW Attorney General’s Department Officer,nominated by the Attorney General

Ms Rowena Hoareau

Member, nominated by the Attorney General

Ms Mary Perkins

Member, nominated by NSW Council of Social Service (NCOSS)

Ms Veronica Black

Member, nominated by the Attorney General

Ms Robynne Quiggin

Member , nominated by the Attorney General

Council members are appointed for a 3 year term.

Organisational Chart

Director Business Development & Training Manager Administration Officer Information Services Officer Executive Assistant

Sydney Region Co-ordinator (City) *Interviewing Officer x 2 Clerical Officer Co-ordinator (Bankstown) Interviewing Officer x 2 Clerical Officer Western Region Co-ordinator (Campbelltown) Interviewing Officer x 2 Clerical Officer *Co-ordinator (Penrith) *Interviewing Officer x 2 Clerical Officer Northern Region Co-ordinator Interviewing Officer x 2 Clerical Officer Southern Region Co-ordinator Interviewing Officer x 2 Clerical Officer

The Mediators Tim Abbot Graeme Abel Renica Adam Nicola Addison Salu Ahmed Mary Aiken Jeff Ainsworth Wendy Alford Bev Alland Jeff Allport Janice Anderson Sheree Antonello Karen Apps Janine Arbuckle Ann Ardagh Barbara Armitage Michael Ashford Linda Attard Belinda Austin Katrina Bailey Malcolm Bailey Sue Bailey Alex Bainy Martin Baker Gay Barclay Natalie Baricevic Luke Barrett Marc Barry Peter Bates Leon Bean Margaret Beard John Beath Tracey Begg Trevor Beggs Carla Billinghurst Suzi Bird Ken Blackall Katherine Blewitt Judi Booth Lynton Borland Robyn Bosley Jan Bowley Carmel Boyko Ashlee Brennan Bachir Brimo Phillip Britten David Brodie Sally Brough Denis Bruce Paula Bruce Julianne Bryant Anne Bryce Keath Burgess Don Burgin Julie Byers Justine Caines Jan Campbell Don Campey Jill Carlon Maureen Carter Denys Cato Terry Chapman Danny Chard Ruth Charlton Bradley Chenoweth Robyn Claremont Alun Clark Barbara Coddington Helen Collins Jane Collins Suzanne Collum Derek Cooke Jim Coombs Stephen Corry John Courcier June Cowley Liz Cox Margaret Craig

Nancy Crane Darlene Crump Ian Cruwys Guy Cumes Robert Dailey Julie Dale Lynne Dalrymple Nihal Danis Nicolle d'Argue Dawn Davies Louise Davies Peter Day Gerardo de Liseo Dawn de Ramirez Cornelia De Wel Peter Delimahalis Gabriela den Hollander Micheline Dewdney Daniel Dharmendra Menka Dilevski Lila Dimoski Kelly Dines Alan Doak Heather Donnelly John Dow Heather Dunn Elizabeth Dunne Trudi Edman Susan-Ann Edmonds Gwen Edwards Glen Eggleton John Eskrigge Renee Estrella Basil Evangelinidis Laurence Eves Katrina Faulkes-Leng Sue Fick Beth Finlayson Margaret Fitzgerald Leonie Fleming Jim Fletcher Boronia Foley Patrick Foley Jim Foran Jeanne Francis Pat Frater Suzanne Freed Gwenda Frencham Dick Frost Ian Fulford Sarnia Gainey George Gamkrelidze Gargi Ganguli James Geikie Linda Gentles Linda Gentles Monika George Mary-Jane Gerson Kenneth Gibson Morgan Gielis Richmond Gill Malcolm Goddard Andrew Goffe Valentin Gomez Mari Gonzalez Robyn Gooden Joy Goodman Scott Goodwin Ivan Goozeff Allan Gordon David Gosling Bernard Govind Caisley Graham Catherine Graham Martin Graham Gordon Grant Donal Gray Sylvia Gray Ann Grenfell Amanda Griffin Debra Grigg Sharon Grose Rod Groves Silvana Gruber

Peter Gurney Barbara Hall Janet Hallinan Mike Hallinan Diane Hamer Rita Harland Clare Harris Chris Harvey Terry Harvey Joy Hatherall Kylie Hawdon Tony Hay Chris Hedley Sibby Henderson Thea Heness Jennifer Hill Robert Hirst Joan Hofland Teik Hok Lim Janene Holt David Hong Geoffrey Hopkins Kerrie Houlihan Steve Hudson Vic Huggins Geoffrey Humphries Simon Hunter Stan Hurley Judith Jacks Narelle James Mylynda Jayne David Jereb Graham Johnson Judy Johnson Sandra Johnston Christine Jones Felix Jones Joy Jones Peter Jordan Nicholas Juarez Maree Kalatzis Megan Kallmier Nesli Karadeniz Spase Karoski Edith Kearns Robyn Kellie John Kelly Loretta Kelly Wayne Kelly Peter Kemper Jennifer Kendrick Ken Kennedy Debbie Kerr Maxine Keys Sonia Kind Louise Kinsky Gabrielle Kirby Jack Kiss Judy Knight Veronika Korchma Wendy Kubel Sam La Delfa John Lacey Eduardo Laginha Leonie La-Hay Katie Lahodny Rachel Lancaster Florence Leahy Clyde Lee Man-Chung Lee Valerie Lee Jennifer Lewis Paul Lewis Lyall Lindbeck Mola Livapulu Lynise Lording Sally Lovelock Madeleine Loy Andrew Macaros Rosemary Mackenzie Mary Maddison Garry Maguire Mark Mallia Les Mandelson

Joy Mann Chrissiejoy Marshall Georgina Marshall Marie Marshall Doris Martin Patrick Martin Elena Marzolla Wendy Mason Carol McCaskie Robyn McClung Vicki McConachie Helen McConkey Phillip McConkey Thomas McDermott Allan McDonald Elizabeth McEntyre Stephen McFadden David McGuigan Greg McKay Isobel McKay Bob McKeen Pamela McKenzie Tara McLachlan Anthony Melville Wendy Merchan Doug Merrett Glenda Messina-Ray Wendy Meury Robert Michie Mark Milbrya Felicity Mildon Deidre Miles Sarah Mills Victoria Mitchell-Reeves Theresea Mohylenko Jillian Moir Michelle Moloney Yvonne Monaghan June Moore Glenys Morgan Gary Morrison Bob Muir Caroline Muir Roseanne Murphy Marrie Myers Tim Myles Liza Nagy Jovanka Naumoska Elizabeth Nguyen Linh Nguyen Halley Nicholson Rita Nicoll Peta Nightingale Di Nolan Lyn North Garry Northcote David Novella Peter O’Brien Karen O’Connell Darrin Ohannessian Leza Oliver Denis O'Neill Gaelle O'Neill John O'Reilly Louise O'Sullivan Jullian Owen Dennis Oxman Jevan Paea Tina Page Patricia Panik Georgia Papaleontiou Kathy Parker Margaret Parmenter Rhonda Payget Cheryl Peterson Laurie Pettiford Kara Phillips Linda Phillips David Pilkington Suzanne Piper Roslyn Poole Peter Popovich Narelle Porter Ted Powell

Matthew Pretki Jenni Prince Abe Quadan Josie Quigley Wallace Rees Cait Regan Lesley Reid Dolores Reseigh Stuart Revill Josephine Reyes Jenny Reynolds Dianne Richards Pam Richards Tony Richards Patricia Rickman Brian Rigney Caroline Rimmer Catherine Riordan Ildi Ritzema Jennifer Rivers Tina Rizzo Pauline Roach Ray Robinson David Rollinson Lyn Rolls Ruth Romen Margaret Rooney Louise Rosemann Terry Rosser Violet Roumeliotis Jane Rudd Daniel Ruming Jo-Anne Rushworth Lynette Russell Marie Russell Casey Ryan James Samphier James Samphier (Jnr) Dorene Schafferius Virginia Schmelitschek Cheryl Sewell Sue Shah Denise Shanahan Stella Sharland David Shaw Natalie Short Jennifer Simmonds George Simpson Violetta Skinner Trish Sleigh Alan Smith Christine Smith Lorraine Smith Sandra Smith Shane Smith Shannan Smith Wendy Smith Ross Smithers Frances Smyth Frances Sodaro Eugenia Spyrides Katrina Spyrides Colleen Starkis Jeanette Steele Kim Stevenson Brenda Stewart Elizabeth Strong Janet Sutherland Stella Sykiotis David Syme Nefley Takacs Bev Taylor Tony Taylor Kathy Thane Gaye Thompson Jane Thompson Reg Thompson Sue Thompson Verlyn Thompson Ian Thurgood Joli Tie Susan Tod Lesley Torpey Maree Townsend

Rita Tratt Terri Treglown Isileli Tuitavuki John Tunnicliffe Matt Turner Simon Turner Robert Vaisey Melissa Valentinis Theo Van Der Veen Alexandra Van Gendt Judith Vayro Laurene Veness Jennifer Vicar Susan Vickers Craig Walker Jann Walsh Brenden Walters Sue Waterhouse Peter Watkins Margaret Watters Marilyn Waugh Kerryn Weeden Maree Weigh Vicki Weller Rex Wendt Barbara Wertheim Annie West Bob Westwood Larry Whipper Austin Whittaker Peter Wick Lyn Wilkie Ian Williams Janice Williams Michael Williams Mark Williamson Elizabeth Wing Rob Winston Ron Witton Peter Wolfe Henry Wong Tosca Woodward Leanne Wynne David Yeomans Steve York Bill Young Brian Young Janet Zanki Helen Zilm

Director’s Report

In the 1999/2000 reporting period the CJCs underwent a review and restructure in order to provide a regional

and ultimately state-wide model of service delivery to Provide mediation and conflict management services to

the people of NSW that are equitable, accessible and efficient. The first half of the year involved reporting to

the Council, Minister, Director General and management team, on the outcomes of the review consultations.

The second, more difficult task, has been the implementation of a new structure and programs. The CJCs are

in a period of change and will need to evolve in order to be flexible and responsive to the emerging Dispute

Resolution Industry, stakeholders within Attorney General‟s Department, related government and non-

government agencies, consumers and communities in conflict.

Regionalisation

The CJCs have been divided into four regions, with regional coordinators:

Sydney Region – includes in general terms, the Sydney CBD, Northern Sydney and the North Shore,

Eastern Sydney, the Inner West, the south of Sydney to Sutherland and west to Parramatta. The Sydney Region

has administrative offices in Sydney and Bankstown. The Sydney Office was also relocated and separated from

the CJCs Directorate.

Western Region – includes in general terms, Western Sydney and the greater Western Sydney Region, the

Blue Mountains, Orange, Bathurst and Dubbo. The Western Region has administrative offices in

Campbelltown and Penrith.

Southern Region – includes in general terms, the Southern Highlands, the Illawarra and Shoalhaven,

Griffith, Wagga and the south coast of NSW and south west to SA boarder. The Southern regions

administrative office is based in Wollongong.

Northern Region – The Hunter Region CJC has expanded to include in general terms, the Central Coast,

the Hunter, the Mid North Coast, Northern Tablelands, the North West and the Far North.

Whilst the CJCs have for some years provided regional coverage for example in the Hunter and Western

Sydney, the restructure is aimed at providing services to the people of NSW across all regions, with particular

emphasis on the needs of those people living in rural and regional NSW. In the next two years the regional

model will be expanded to cover most of the state of NSW.

CJC Directorate – The organisation also reviewed the role of staff and the Director‟s office. This resulted in

a more streamlined “directorate” with principal responsibility for the management of CJCs, governance,

business development and training, policy development, information services, and administrative support for

the CJC Directorate and the regions. The directorate now has five staff with the Director, a newly appointed

Business Development and Training Manager, Information Services Officer, Administrative Officer, and

Administrative Secretary.

Outreach Services

The review of the CJCs was intended to build on the commitment of the CJCs to the provision of accessible,

affordable and appropriate services. This meant a review of how and where our services were provided.

Traditionally the CJCs had primarily offered mediation in local centres. This was a very effective and

successful model. However, the number of consumers who could access these centres was also very limited.

The CJCs now offers a range of services closer to where people live and work.

The CJCs have forged partnerships with a variety of other agencies including local courts, legal aid, local

councils, neighbourhood centres, and government departments, to enhance effective whole of community

responses to conflict. An added bonus has been easier access to local venues for its mediation programs. This

is vital if consumers are not to be disadvantaged by their ability to access a centre because of cost, location,

distance, disability and so on.

Conflict Management Services

The role and responsibilities of Interviewing Officers was reviewed and upgraded. These staff are the front line

workers, who have a vital role in assisting clients to understand their disputing behaviour, offer support to

assist them to be more responsive and to consider options for the resolution of disputes. This may result in

settlement of the dispute or a referral to another agency, before any formal mediation is required or entered

into. Interviewing officers also play an important role in the organisation of mediations, which includes

contact with mediators and parties, arranging venues and data entry.

The review has refocussed the nature of CJCs core business as well as its training roles. This will be the focus

of the coming year. In 1999/2000, CJCs started to consider a broader role and promote its expertise as an

organisation that provides:

Services - not just centre based mediation;

Conflict analysis - this is particularly important when dealing with larger scale community groups;

Premediation - for example with individuals and families requiring more extensive support;

Assisting individuals to resolve a dispute without the need for mediation;

Mediation - CJC formal mediation program;

Facilitation - facilitating disputes, chairing meetings etc;

Conflict management.

Partnerships The development of partnerships has been the second strategic focus for the CJCs in 1999/2000. Of significant

note, was the establishment of a Memorandum of Understanding (MOU) with Local Courts, who are a „sister

cost centre‟ within the Attorney General„s Department.

The MOU and ongoing working party aims to identify appropriate referrals from Local Courts to the CJCs, and

to support an early interventionist approach, to prevent unnecessary and costly matters before the courts.

No referral to the CJCs precludes a consumers right to seek legal redress or to have their day in court.

However, a more integrated relationship between the CJCs and the courts ultimately assists clients to access

services and to seek remedies that are less costly, less traumatic, more enduring and more satisfying.

The CJCs were involved in the development and presentation of a training program on Conflict Management

for Magistrates which was supported by the Judicial Commission. This was a highlight for the year and has

resulted in an increased awareness of CJCs role and appropriate referrals. Over the last twelve months there has

been an increase in referrals from the Children‟s Courts, particularly in Sydney.

A significant amount of time in the reporting year was devoted to the CJCs relationship with the Department of

Community Services (DoCS). This has as a result of the ENACT legislation, which has substantially reviewed

matters relating to the management, care and protection of children and families at risk or under the care of

DoCs. The CJCs was represented on the Alternative Dispute Resolution taskforce. We will continue to

nurture and foster this relationship in the interests of alleviating the distress of children and families in conflict.

Many of our clients come from disadvantaged communities and the CJCs is committed to the early resolution

of or management of conflict in order to create safer more harmonious communities. Therefore, the CJCs

continues to actively engage other key partners such as the Department of Housing and the NSW Police.

Local government has important links with the CJCs in providing a community focus particularly in rural and

regional NSW. The majority of disputes handled by the CJCs relate to neighbourhood disputes which can be

complex and multi-dimensional. Good neighbour relations are the corner stone of local government and local

governance. The CJCs will continue to explore how this partnership can be developed in the interest of safer

communities.

I would like to acknowledge the important role and contribution of my management team, and our mediators.

They have also had to adjust to the changes occurring within the CJCs and the broader Dispute Resolution

Industry. In the first half of the millennium year, CJC trained a number of new or additional panels in Sydney

City, Nowra, Shoalhaven districts and in the Central Coast, Mid North Coast, Northern Tablelands and the

North West. The CJCs have established a number of consultative mechanisms to improve communication with

mediators.

Future Directions

A state wide program: The expansion of our regional model of service delivery to NSW

Communication strategies: Mediators are in future years going to be spread throughout the state, and the

challenge for CJC will be to establish effective communication channels to ensure continuing professional

development and input into the ongoing evolution of our mediation and conflict management services.

There are increasingly more serious and complex disputes being referred to the Community Justice Centres,

especially large community disputes and community disputes in rural areas. Managing these referrals by way of

policy and procedure and resources will be important.

A focus for the CJC this year will be formalising partnerships with key government agencies, through service

agreements, to both manage the increased referrals and to improve our client service.

In the next reporting period, the CJCs will be undertaking a review to ensure our organisation, policies and

procedures come within a Quality Improvement framework.

The implementation of a new case management system will improve the integrity of data collected on the use

of our service by the ethnic and ATSI communities and will assist in developing strategies to ensure that

service delivery to these communities is both accessible and appropriate.

Priority in the next reporting period will be to develop the Early Intervention and Dispute Resolution with

Aboriginal Communities pilot project, to explore options for provision of service to ATSI communities and to

develop culturally appropriate responses to conflict.

Margie O’Tarpey

Director

Mission Statement

“To provide best practice, mediation and related dispute resolution

services for metropolitan

and regional NSW.”

Values

Community Justices Centres‟ underlying philosophy is the provision of services that are confidential, impartial,

accessible and voluntary, and which transfer skills and knowledge to the community on dealing with and resolving

conflict.

Key Objectives

The provision of accessible, equitable, regional mediation and related disputes resolution services.

The development of partnerships with key stakeholders, within the Attorney General‟s Department and with

related government authorities.

A credible, well known service with expertise in the delivery of a comprehensive range of dispute resolution

approaches.

A quality mediation program which is benchmarked with national and international best practice.

A quality service accredited over a three year period by an external national standards body.

Budget

The CJCs‟ expenditure for the 1999/2000 reporting period was $2,498,000. This was an over-expenditure of

$171,000. The overall deficit has decreased from last reporting year. The over expenditure resulted

principally from expanding the regions and staffing costs.

Mediation is provided as a free service to the public and is an inexpensive form of dispute resolution.

Mediators are paid for the time they spend mediating, with a minimum of two hours paid for each attendance.

Mediators receive an hourly rate of $20.45 and an additional leave loading.

The principal component of the budget is in fixed costs of staff salaries and allowances plus payroll tax

($1,215,000); rent ($405,000); interpreters who are an important service for our NESB clients; and telephones,

which are the main source of contact used during the intake process. Fees for mediators were $121,000 over

budget due to the expansion of the rural services which included mediator travel expenses.

The budget is being reviewed and further enhancements are sought for the 2000/2001 financial years.

COMMUNITY JUSTICE CENTRES 1999/2000 BUDGET EXPENDITURE DETAILED BREAK-UP YEAR-TO-DATE Actual Budget Variance TOTAL REVENUE (35,000) (10,000) 25,000 Employee Related Payments Salaries & Wages - Permanent 920,000 954,000 34,000 Salaries & Wages - Temporary 47,000 125,000 78,000 Allowances 3,000 29,000 26,000 Overtime 0 0 0 Leave Entitlements 130,000 10,000 (120,000) Workers Compensation 13,000 9,000 (4,000) Payroll Tax 103,000 75,000 (28,000) Fringe Benefits Tax (1,000) 0 1,000 TOTAL EMPLOYEE PAYMENT (ex Crown Liab) 1,215,000 1,203,000 (12,000) Crown Liabilities 184,000 235,000 52,000 TOTAL EMPLOYEE PAYMENT 1,399,000 1,438,000 39,000 Maintenance & Workings Advertising 9,000 0 (9,000) Bank Charges 0 0 0 Contractors 1,000 0 (1,000) Electricity & Gas 18,000 9,000 (8,000) Fees 523,000 402,000 (121,000) Freight & Cartage 0 5,000 5,000 General Expenses 7,000 5,000 (2,000) Insurance 6,000 2,000 (4,000) Interperters & Translators 44,000 25,000 (19,000) Motor Vehicles 14,000 4,000 (10,000) Postal Expenses 21,000 26,000 5,000 Printing 5,000 24,000 19,000 Publications 7,000 0 (7,000) Rates & Outgoings 72,000 52,000 20,000 Removal Costs 1,000 0 (1,000) Rental 405,000 405,000 0 Staff Expenses 9,000 5,000 (4,000) Stores & Stationery 17,000 38,000 21,000 Telephones 64,000 20,000 (44,000) Travel 25,000 20,000 (5,000) Total Maintenance 5,000 5,000 0 TOTAL MAINTENANCE & WORKINGS 1,253,000 1,047,000 (206,000) TOTAL EXPENSES 2,652,000 2,487,000 (164,000) Less Revenue (35,000) (10,000) 25,000 Less Crown Liabilities (184,000) (235,000) (51,000) NET COST OF SERVICES 2,432,000 2,241,000 (191,000) Less Depreciation 66,000 85,000 19,000 NET POSITION 2,498,000 2,326,000 (171,000)

Client Service

In order to use CJCs services:

People may be referred by another agency or person, or, they may contact a CJC themselves after hearing

about the service.

If a client consents, another agency may provide information about the parties and the disputing issues to

the CJC. We will then contact the parties to make arrangements.

Our clients, in principal, are all members of the New South Wales community. Government and non-

government agencies who refer the majority of our clients together with the NSW Attorney General‟s

Department have a major interest in the outcome of services provided by the CJCs.

Provision of a speedy service

CJC‟s dealt speedily with matters referred to them.

61% of dispute files opened were closed within 21 days

82% within 30 days

Effectively, there are no delays in provision of service by CJC.

Number of days files opened No. of Days File Opened 1999/2000 1998/1999 1997/1998 0 151 156 132 1-10 1912 1797 2076 11-20 1506 1538 1570 21-30 1245 1232 1095 31-60 944 844 618 Over 60 109 74 96 Total 5,887 5,641 5,587

Provision of an expeditious service Although the intake processes which are carried out by full-time office staff are generally available only during

normal office hours (9am-5pm), the Centres have always provided mediation sessions at times to suit

disputants. The acceptance of, and demand for, this availability of service is demonstrated in Table 1 -

Scheduled times of mediation sessions. The number of sessions scheduled for 4pm or later (573) plus weekend

sessions (239) totals 812 sessions, 38% of all sessions scheduled.

Scheduled Times of No. of Mediation Sessions Sessions

Before noon Monday to Friday 1,080 4pm or Later Monday to Friday 573

Saturday, Sunday or Public Holiday 239

Noon to 4pm Monday to Friday 230

Total 2,122

Client Feedback

Recently I had occasion to consult for the first time with the Community Justice Centres organisation.

What a great idea this is! I have heard nothing but good about the whole process of mediation as distinct from

the antiquated, ineffecient and entirely adversarial Courts’ system.

Can anything be done to encourage mediation, which I am convinced could save taxpayers a huge amount of

money as well as provide great benefit to society as a whole?

Case-load

Files opened during the year under review totalled 5,887. The centres also dealt with approximately 6,500

additional inquiries. This is an important service which assists and refers people to appropriate legal,

counselling and other services. Of all files opened 2,164 (37%) were resolved to the satisfaction of the

disputants (this includes matters resolved without the need for mediation). Of the 2,122 matters which

proceeded to mediation, 84% ended in agreement.

Outcomes The Community Justice Centres Act 1983, Section 23 provides that:

(1) Attendance and participation in mediation session is voluntary.

(2) A party to a mediation session may withdraw from the mediation session at any time.

The experience of similar mediation projects in other parts of the world is that where mediation is a voluntary

process, both parties will agree to a mediation session in about one third of all disputes. Our results have been

consistent with this, with minor variations from time to time. In the 1999/2000 reporting period mediation was

arranged in 2,518 (43%) cases.

Explanatory Notes on Outcomes

The method of recording outcome provides for a two-stage process:

(a) Intake processes (i) A withdraws (Party A initially accepts CJCs‟ offer to mediate but later withdraws)

(ii) B declines (Party B responds to CJCs‟ contact, but declines to mediate)

(iii) B no contact (Party B does not respond to CJCs‟ letters)

(iv) Shuttle Mediation (Agreement reached communicating through CJCs‟ staff), prior to formal mediation

(v) CJC-assisted settlement (One party advises CJCs that matter has been settled after initial discussions with Centre

staff)

(vi) * CJC withdraws (CJC withdraws from intake process)

(vii) * Referral to other CJC

(viii) Mediation session arranged

(b) After both parties agree to a mediation session

(i) Session cancelled by either party

(ii) No show by either or both parties

(iii) No show by either or both mediators

(iv) Mediated agreement

(v) Session held, no agreement reached

(vi) Statement of Unresolved Issues

(vii) Mediated agreement & Statement of Unresolved Issues (SUI)

(viii) Late Withdrawal (where one or both parties have cancelled the mediation session due to

unforeseen circumstances, and it has been too late to contact mediators, therefore one or more mediators

have been paid)

(ix) ** CJC withdraws (CJC withdraws from the mediation session)

(vii) ** Referral to other CJC (Mediation arranged and file then referred to other CJC for mediation session)

In the year under review, a mediation session was arranged in 43% of cases

Where a mediation session was held, agreement was reached in 84% of sessions

In 18% of cases, the Centres were unable to contact, or had no response from Party B

Party B declined in 25% of all cases

A further 391 disputes were resolved, without proceeding to mediation, to the satisfaction of the parties.

CJC-Assisted Settlement and Shuttle Mediation, resolved 7% of all cases.

Outcome of CJC’s Intervention

Outcome No. of Files Agreement 1,653 Party B Declines 1,446 Party B No Contact 1,034 Party A Withdraws 394 CJC Assisted Settlement 323 No Agreement 266 Cancelled 176 Agreement/SUI 120 Statement of Unresolved Issues (SUI) 78 No Show Party B 75 *Refer to Other CJC 71 Shuttle Mediation 68 Late Withdrawal 51 No Show Party A 46 *CJC Withdraws 33 Late Withdrawal/Rescheduled 22 No Show by Party A & B 21 **CJC Withdraws 5 **Refer to Other CJC 3 No Show by Mediator 2 1 No Show by Mediators 1 Total 5,887

Outcome Sought by Party A Most people coming to CJCs had clear and realistic expectations. 52% of presenting parties were seeking

either withdrawal of court action, money or other compensation, specific action (for example, fence repairs),

cessation of certain action, or "no contact" - all of which are, or could be, the subject of court proceedings.

Outcomes No. of % of Files Files

On-going Co-operation 1,996 34

Specific Action 1,795 30

Cessation of Action 850 14

Money/Compensation 677 11

Court Withdrawal 433 7

Termination of Contact 136 2

Total 5,887 100

Referral Source

The major source of referrals for the year under review was chamber magistrates (19%). This is a minor

increase from the previous year. Total referrals from legal sources totalled 49%. The breakdown of the

disputes referred is: chamber magistrates (1,114), magistrates (988), registrars (83), Legal Aid (108), Legal

Centre (63), Police (326), Family Court (12) and private solicitors (190).

State government, federal government and non-government welfare agencies have remained steady.

Disputes most likely to be resolved Disputes referred by a magistrate are most likely to be resolved. In the reporting period 54% of disputes

referred by magistrates were resolved. Resolution may be by mediated agreement, or assisted settlement.

Clearly, by the time a dispute has gone to court both parties regard it as a serious matter and both parties are

more likely to be motivated to resolve the matter. See Graph 3 which indicates the number of files resolved

for each referrer.

Referral Source

Referrer Total No. of Files No. of Files Resolved % of Files Resolved Chamber Magistrate 1,114 289 26% Magistrate 988 534 54% Self 860 243 28% Local Government 600 215 36% Previous Case 586 277 47% State Government 553 186 34% Police 326 82 25% Private Solicitor 190 84 44% Previous Client 144 39 27% Other 117 38 32% Legal Aid 108 37 34% Non-Government Organisation 102 47 46% Registrar 83 42 51% Legal Centre 63 29 46% Federal Government 25 12 48% Family Court 12 5 42% Residents Tenancy Tribunal 11 3 27% Marriage Counselling 5 2 40% Total 5,887 2,164 37% *Other - includes: mediators, trade unions, private sector (doctors, banks, personnel officers, real estate agents, fencing contractors etc.)

Disputes

Nature and Complexity of disputes

The data collected in this table is somewhat subjective: the complaints recorded depend upon the matter

immediately important to Party A at the time of the interview, and, to a lesser extent, the individual recording

style of the interviewing officer. Information is coded from the Party A interview only, so it is a conservative

picture of the nature and complexity of the dispute.

The method of classifying the nature of dispute recognises the separate components of:

the disputing behaviour (behavioural complaints); and

the presenting problem, or specific problem (specific complaint)..

For the reporting period:

the number of behavioural complaints totalled 14, 987;

the number of specific complaints recorded for all cases totalled 9, 157; and

the average number of complaints per case was 4.

The most frequently mentioned complaints were:

Behavioural complaints

Shouting, abuse 2117

Refusal to negotiate 2112

Inability to communicate 1339

Repeated refusal or failure to act on complaints 1186

Insults, taunts 1159

Money/debt 888

Repeated complaints regarded as trivial by recipient 852

Threats of violence - things thrown (missed) 613

Noise 557

Harassment 546

Specific Complaints

Fence 865

Family - Contact 479

Lifestyle, Environmental 474

Children - Behaviour, noise, rudeness 454

Visitors, Customers, Callers - Nuisance caused by 431

Children - Nuisance caused by, Discipline of,

concern for care of 387

Invasion of privacy 377

Parenting issues 362

Plants, Trees, Shrubs 321

Family - Practical, specific incidents, general complaints

about behaviour attitudes 320

See Appendix B – Categories of “Nature of Dispute” for the complete list of specific and behaviour complaints

recorded for the reporting period.

Relationship between the parties Neighbour disputes at 52% continue to be the most frequently represented in the case-load.

Family disputes account for 25% of the work of CJCs. The number of family disputes referred to the Centres

account for 1,490 of files opened, 65% of family disputes are between separating or separated spouses.

Disputes involving adolescents or young adults and their parents account for 17% of all family disputes. Many

of these disputes have been before the Children‟s Court as irretrievable breakdowns in family relationships, and

their resolution at mediation enables the young person to remain at home, or to leave home by agreement. This

reduces the likelihood of risk behaviour on the part of the young person.

The percentage of workplace disputes was 2% and organisation/committee (including Incorporated

Associations) disputes totalled 2%. Relationship No. of Files Neighbours 3,090 Family 1,490 Social 464 Business 378 No Relationship 165 Work 120 Organisation/Committee 101 Landlord/Tenant 69 Recreational/Sporting Team 9 Other 1

How serious are the disputes?

35% of the disputes dealt with by CJCs involve harassment, threats, property damage, theft or violence

36% of these disputes were resolved.

Examples of categories:

Argument – may mean that parties are unable to reach agreement or are unable to communicate.

Abuse – may include heated and repeated arguments ending in insults or written abuse.

Harassment – could involve repeated attempts to embarrass/annoy.

Threats – may include threats of violence or property damage, threats of legal action.

Property Damage/Theft – deliberate damage to property, alleged theft, accidental damage with no

intention to repair.

Violence – may mean there has been a violent act against the person.

It is important to highlight that disputes are usually multi-faceted frequently involving complex multiple issues. Seriousness No. of Files % of Files % Resolved Argument 3,348 57% 37% Harassment 1,084 18% 34% Abuse 481 8% 41% Property Damage/Theft 338 6% 37% Threats 337 6% 37% Violence 299 5% 38%

Legal action status In 68% of all cases, legal action was current, conditional or intended, according to the presenting party, an

increase of 7% from last year.

Status No. %

Conditional on CJC 1,951 33

Not Intended/Not Known 1,829 31

Current 1,504 26

Intended 519 9

Taken Previously 84 1

Total 5,887 100

The Service User Profiles

As in previous years, people using Community Justice Centres come from every section of the community.

Experience has shown that, wherever the service is promoted, residents of that area are quick to take advantage

of it. The information below provides a profile of consumers using CJC services.

Occupation of Party As

Occupation No. of Party As % of Party As Clerical/Sales/Service 2,209 38% Machine Operator/Labourer 1,239 21% Managerial/Professional 934 16% Never Worked 472 8% Skilled Tradesperson 447 8% Para-Professional 352 6% Student 224 4% Other 10 0% Total 5,887 100%

Employment status of Party As

Employment status No. of Party As % of Party As Full Time 2,347 40% Benefits 1,121 19% Home Duties 824 14% Retired 707 12% Part Time 653 11% Student 211 4% Other 24 0% Total 5,887 100%

Disputant Type (Party As)

Disputant Type No. of Party As % of Party As Couple 1,033 18% One Person Female 2,733 46% One Person Male 2,106 36% Organisation/Community Group 15 0% Total 5,887 100

Country of birth stated by Party A

Community Justice Centres continue to provide a service valued and used by ethnic communities as

demonstrated in Table 4, which indicated the top ten countries stated by Party A.

Table 4 - Country of birth stated by Party A Country of birth No. of % of Party As Party As

Australia 4,248 72.16

England 228 3.87

Italy 135 2.29

Greece 74 1.26

New Zealand 68 1.16

Philippines 64 1.09

Lebanon 61 1.04

China 57 0.97

Germany 56 0.95

Macedonia 56 0.95

Other (96 countries) 840 14.27

Total 5,887 100.00

Preferred language stated by Party A

The number of Party As who preferred to use a language other than English in mediation

was 6%.

The most common languages of Partiy As (other than English) were Arabic, Greek,

Spanish, and Italian totalling 141 parties.

Table 5 - Preferred language stated by Party A

Preferred Language No. of % of Party As Party As English 5,521 93.78

Arabic 39 0.66

Greek 37 0.63

Spanish 35 0.59

Italian 30 0.51

Polish 22 0.37

Macedonian 20 0.34

Vietnamese 17 0.29

Serbian 17 0.29

Croatian 17 0.29

Cantonese 16 0.27

Mandarin 16 0.27

Other (33 languages) 100 1.70

Total 5,887 100.00

Glossary of definitions

Party means the person, persons or organisations involved in matters dealt with by the CJCs.

Party A is the person who contacts a CJC to raise the matter and open a file, the other people or

organisations involved are identified as Party B, Party C etc.

Community Dispute is a dispute where a community, organisation, or group need to agree on a

course of action, but the issues, options or constituencies are not clear. This type of dispute requires

substantial intake procedure of a more analytical nature in order to identify the constituencies, clarify

the issues and options.

Dispute Counselling is the process where the Interviewing Officer assists a disputant to explore

all the options available to them and the disputant chooses a course of action to resolve the dispute

themselves.

Mediation is a process in which the parties to a dispute, with the assistance of a neutral third party

(the mediator/s), identify the disputed issues, develop options, consider alternatives and endeavour to

reach an agreement. The mediator has no advisory or determinative role in regard to the content of

the dispute or the outcome of its resolution, but may advise on or determine the process of mediation

whereby resolution is attempted.

Shuttle Mediation is a process in which the parties to a dispute with the assistance of a neutral

Interviewing Officer identify the disputed issues, and further identify the issues which may be

resolved by this process, develop and consider options for settlement and endeavour to reach an

agreement without the parties being brought together or communicating directly. The Interviewing

Officer has no advisory or determinant role on the content of the dispute or its resolution, but will

continue to advocate direct communication as the most productive way of resolving all issues.

Standard Dispute is any dispute where the two parties or two sides to the dispute can be readily

identified. There may be more than one person in either or both parties. The presenting party (Party

A) at least recognises that there is a dispute and is able to say what the dispute is about. In CJC terms

there will be a Party A and a Party B. There may also be A2, A3 and B2, B3, B4 etc, but the dispute

is considered manageable within normal intake procedures - standard letters etc.

Statement of Unresolved Issues (SUI) is where parties who have not been able to reach

agreement are assisted in writing a document which outlines the offers that may have been made, and

the perceptions by each party of the dispute. This reminds parties how far they have come in

understanding what has happened in the past, in understanding each other, and how they would like

things to be in the future. Parties are able to look at the SUI at a later time and the transfer of these

skills may assist the parties to determine ways to resolve their dispute after the mediation session.

Appendix A - Geographical location of Party A The suburb of the address supplied by Party A has been grouped according to the court house which services that particular area for hearings.

Local Court Catchment No. of % of Local Court Catchment No. of % of Area Party As Party As Area Party As Party As Albion Park 183 3.11% Milton 22 0.37% Albury 8 0.14% Moree 4 0.07% Ballina 1 0.02% Moruya 17 0.29% Balmain 64 1.09% Moss Vale 62 1.05% Bankstown 190 3.23% Mullumbimby 1 0.02% Batemans Bay 8 0.14% Murrurundi 1 0.02% Bathurst 4 0.07% Muswellbrook 28 0.48% Bega 1 0.02% Narooma 4 0.07% Belmont 149 2.53% Narrandera 3 0.05% Blacktown 277 4.71% Newcastle 347 5.89% Blaney 1 0.02% Newtown 101 1.72% Bombala 1 0.02% North Sydney 121 2.06% Bowral 83 1.41% Nowra 105 1.78% Braidwood 1 0.02% Oberon 3 0.05% Burwood 216 3.67% Orange 5 0.08% Camden 20 0.34% Parkes 2 0.03% Campbelltown 423 7.19% Parramatta 197 3.35% Cessnock 32 0.54% Penrith 372 6.32% Coffs Harbour 8 0.14% Picton 49 0.83% Cooma 2 0.03% Port Macquarie 114 1.94% Cootamundra 6 0.10% Queanbeyan 30 0.51% Cowra 11 0.19% Raymond Terrace 67 1.14% Crookwell 2 0.03% Redfern 85 1.44% Dungog 8 0.14% Richmond 29 0.49% East Maitland 53 0.90% Ryde 83 1.41% Eden 3 0.05% Scone 2 0.03% Fairfield 162 2.75% Singleton 26 0.44% Forbes 1 0.02% Sutherland 112 1.90% Forster 8 0.14% Sydney 75 1.27% Glen Innes 7 0.12% Tamworth 3 0.05% Gosford 110 1.87% Taree 13 0.22% Goulburn 43 0.73% Temora 4 0.07% Grafton 1 0.02% Tumut 4 0.07% Griffith 2 0.03% Tweed Heads 1 0.02% Gulgong 2 0.03% Wagga Wagga 28 0.48% Gunnedah 10 0.17% Walcha 1 0.02% Hornsby 73 1.24% Wallsend 236 4.01% Junee 7 0.12% Wauchope 1 0.02% Kagarah 3 0.05% Waverley 175 2.97% Katoomba 116 1.97% West Wyalong 1 0.02% Kempsey 5 0.08% Windsor 30 0.51% Kiama 24 0.41% Wollongong 297 5.05% Kogarah 135 2.29% Woy Woy 46 0.78% Kurri Kurri 12 0.20% Wyong 117 1.99% Leeton 1 0.02% Yass 4 0.07% Lismore 5 0.08% Young 10 0.17% Lithgow 25 0.42% Other: Liverpool 187 3.18% ACT 4 0.07% Lockhart 1 0.02% NOT GIVEN 1 0.02% Macksville 2 0.03% QLD 1 0.02% Maitland 45 0.76% VIC 8 0.14% Manly 93 1.58% Total 5,887 100.00%

Appendix B - Categories of “Nature of Dispute” Behavioural Compliants No. Noise - any source 557 Pollution smoke, Fumes, Smells 49 Eyesores 49 Blocking light, obstructions, spoiling view 74 Threats of damage to property, Things thrown at property (missed) 239 Removal of property, Damage caused to property 219 Refusal to repair accidental damage 124 Removal of property, Stealing by finding, Things "gone missing" 60 Alleged theft, pilfering 92 Shoplifting 4 Retention of goods 81 Storage of goods, goods left behind 41 Disputed ownership 145 Money, debt 888 Shouting, abuse (in person or by phone) 2,117 Insults, taunts (in person or by phone) 1,159 Gestures 280 Indecent exposure 28 Threats of violence - things thrown (missed) 613 Assault, Pushing, Punching, hitting, bashing 391 Hosing, Things thrown/weapon etc. (accurately) 66 Endangerment, Causing dangerous conditions, Thoughtless and dangerous acts, Allowing dangerous conditions to remain 17 Rumour, Gossip 409 Harassment by letter or phone, Anonymous phone calls 546 Dobbing in', Harassment by reporting to agencies or authorities, including Body Corporate 368 Repeated complaints, regarded as trivial by recipient 852 Repeated refusal or failure to act on complaints 1,186 Refusal to negotiate, Refusal to discuss problems, Rejection of all approaches, Repeated arguments 2,112 Inability to communicate 1,339 Inability to communicate because of language difficulty, physical 80 Bad faith bargaining, Broken promises 329 Breaking negotiated agreements 273 Specific Complaints No. Children - Behaviour, noise, rudeness 454 Children - Nuisance caused by, Discipline of, Concern for care of 387 Animals, Birds - Nuisance caused by 269 Animals, Birds - Fear of, Concern for care of 113 Plants, Trees, Shrubs - Nuisance caused by, Complaints about 321 Plants, Trees, Shrubs - Concern for care of, Damage to 137 Visitors, Customers, Callers - Nuisance caused by 431 Fence, condition, construction, repair, Position of 865 Retaining walls 39 Walls on boundary, Common wall 55 Use of common facilities, Use of common property 200 Access to property, Parking 118 Trespass 126 Invasion of privacy 377 Specific Complaints No. Motor Vehicle - Damage to, Damage by, Repairs to 154 Motor Vehicle - Nuisance caused by, Parking 94 Extensions/development applications, Plans for or objections to 82 Renovations, painting, Nuisance caused by 33 Machinery - Nuisance caused by, Include air conditioners, dishwashers etc. 37 Machinery - 'Nuisance' includes noise, fumes, vibrations, 'waves', electronic interference 36 Rubbish, Garbage 49 Littering 20 Defective goods 16 Goods & Services - Non-delivery 83 Goods & Services - Refusal to repair or refund, Unsatisfactory service 153 Drugs - illegal or proscribed 104 Alcohol 117 Gambling 14 Medical or Psychological - Problems caused by condition, Treatment for 129 Cultural differences - ethnic/religion 88 Cultural differences - racial/taunts, name calling 115 Gender 25 Sexual preference 28 Lifestyle, Environmental 474 Generation 221 Class 55

Expectation of relationship (eg. student/teacher) 94 Religious practices, Religious tolerance 9 Witchcraft, Superstition 4 Structure - Inclusion or exclusion of members (Incorporated Assoc.) 45 Structure - Interpretation of rules 63 Family - Emotional, Include intimacy, sexual, loss of love 179 Family - Practical, specific incidents, including repeated annoyances, general complaints about behaviour attitudes 320 Allocating family income 35 Parenting issues 362 Continuing residence in family home 102 Return to family home 70 Family - Division of responsibilities 151 Family - Relationships: jealousy, favouritism, rejection, alienation of affection, influence 160 Relationships with new partners 111 Other relationship (eg. extra marital affairs etc.) 60 Division of property 273 Residence of child 294 Family - Contact (formally access) 479 Extended Family - Relationships, Arrangements (eg. marriage or funeral) 72 Extended Family - Wills, bequests 21 Extended Family - Family Business 29 Work related complaints 143 water run off, drainage, joint sewer lines, flooding 62 Inmates 0 Total no. of Behaviour Complaints 14,987 Total no. of Specific Complaints 9,157 Total no. of Complaints 24,144 Average no. of Complaints per file 4

Location of Regions

Northern Region Cnr Bolton & Church Streets Newcastle NSW 2300 Phone: (02) 4929 1211 Fax: (02) 4926 2420 Toll Free: 1800 990 777

Southern Region 2nd Floor, Transport House 1 Rawson Street Wollongong NSW 2500 Phone: (02) 4228 0433 Fax: (02) 4226 3630 Toll Free: 1800 650 987

Sydney Region Bankstown Grond Floor, Civic Tower 66-72 Rickard Road Bankstown NSW 2200 Phone: (02) 9790 0656 Fax: (02) 9796 3258 City Level 13, 227 Elizabeth Street Sydney NSW 2000 Phone: (02) 9262 7844 Fax: (02) 9262 7526 Toll Free: 1800 671 964

Western Region Campbelltown Ground Floor, Court Complex Cnr Railway & Hurley Streets Campbelltown NSW 2560 Phone: (02) 4629 9715 Fax: (02) 4629 9714 Penrith Level 1, 311 High Street Penrith NSW 2750 Phone: (02) 4732 1933 Fax: (02) 4731 3578

Directorate Level 8, Goodsell Building 8-12 Chilfley Square Sydney NSW 2000 Phone: (02) 9228 7455 Fax: (02) 9228 7456 TTY: 1800 671 964 Email: cjc_info@agd.nsw.gov.au Website: www.cjc.nsw.gov.au