Pathways to Justice: The Role of Non-Legal Servicesfile/pathways_to_justice.pdf · Pathways to justice: the role of ... or trade union Non-legalregarding problems at work, or

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Pathways to justice: the role of non-legal servicesSophie Clarke & Suzie Forell, Law and Justice Foundation of NSW

Paper 1 June 2007 ISSN 1834-7266

LJFpathwaysFIN2 5/6/07 4:21 PM Page 1

This paper examines one of the key themes emerging from a number of quantitative and qualitative studiesin the Foundation's Access to Justice and Legal Needs research program. Most people who have legal problems do not go straight to a lawyer for help. If they do seek help at all, they tend to turn to non-legal sources, such as friends, government agencies, welfare agencies and other professionals such as teachers and doctors. This paper explores the challenges and implications of people going through non- legal sources as a pathway to justice. It argues for a greater recognition of and support for non-legal services as key pathways used by people to get legal help.

This paper explores the prevalence of non-legal services as the ‘first port of call’ for socially or economically disadvantaged people with legal problems. It looks at why disadvantaged people with legal problems seek help from non-legal services and explores how non-legal services respond to the legal needs of their clients. This bulletin also identifies challenges non-legal services face in assisting clients with legal problems and suggests strategies to facilitate non-legal services as effective pathways to legal assistance. It examines ways in which legal practitioners and services can support non-legal services in this role, in order to improve access to justice and legal assistance for disadvantaged people.

Information in this paper is drawn from the Law and Justice Foundation’s Access to Justice and Legal Needs (A2JLN) research program. In a number of separate but related projects, the program has employed a mix of methodologies: quantitative, qualitative and analyses of service usage data to explore the legal needs and access to justice issues facing disadvantaged people in New South Wales (NSW). The specific reports referred to are listed on page 11.

INTRODUCTIONWhen people face legal problems, most do not go directly to a lawyerfor assistance. Rather, some people do nothing, some deal with theissue themselves and some seek advice and assistance from non-legalsources and services.

SEEKING ASSISTANCEThe A2JLN research indicates that people do notnecessarily seek help when they have a legal problem.In Justice Made to Measure, which reports on a survey ofover 2400 people in NSW, participants indicated thatthey had sought help for their legal problems in onlyabout half of the events reported (51%).1 Thereasons that so many people did not seek any help atall will be discussed in a later paper.

Of those who did seek assistance when they had legalissues, few sought help from lawyers. Indeed, legalservices were approached in only 12 per cent ofevents where help was sought (see Table 1). Inanother 7 per cent of cases, the participantapproached a friend or relative who was a lawyer,while ‘published information’ (mainly the internet)was used in another 8 per cent of events. In contrast,general non-legal services were approached in 56 percent of events, ‘government’ agencies or MPs in 20per cent of events, and friends and relatives who werenot lawyers in a further 16 per cent of events.2

As can be seen in Table 1, the range of non-legaladvisers approached is broad and includesprofessionals such as doctors, psychologists andaccountants, and agencies such as insurancecompanies, banks, trade unions and governmentorganisations. This broad range may be partlyattributed to people approaching the source ofassistance which is most directly related to their legalissue, for example people approaching their employeror trade union regarding problems at work, orCentrelink about a social security problem. Similarly,people contacted the police in 5 per cent of events, anobvious and sensible course of action for people whohave been a victim of or witness to a crime.

However, evidence from the Foundation’s qualitativestudies indicates that people also seek help for legalproblems from the people and the services – legaland otherwise – that they happen to be in contact with.As one On the Edge of Justice participant with a mentalillness said when asked who they would go to for helpwith a legal problem:

Oh, with the pensions, with more likelegal [problems] and… bureaucracy, I’dgo and talk to my caseworker.3

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TABLE 1: TYPE OF ADVISER USED, ALL SIX LGAS, 2003

stneve fo .oNresivda fo epyT

LEGAL ADVISER

081:lagel lanoitidarT

Private solicitor/barrister 143

12truoc lacoL

81WSN diA lageL

3WSN sseccAwaL

Aboriginal legal services 1

5sCLC

Lawyer friend/relative 105

021:dehsilbuP

011tenretnI

31ecruos pleh-fleS

NON-LEGAL ADVISER

Other friend/relative 232

492:tnemnrevoG

Government organisation 228

86licnuoc lacoL

Member of parliament 21

Police/complaint handling: 82

77eciloP

Industry complaint handling bodya 5

928:rehtO

Other professionalb 367

School/school counsellor/teacher 85

Non-legal community group 56

Private agency/organisationc 70

Company/business/bank 61

Insurance company/broker 88

Trade union/professional body 96

7yrarbiL

36reyolpmE

5lanubirt rehtO

3deifissalcnUd5941latoT

a Includes Banking Ombudsman, Insurance Complaints Scheme.b Includes doctor, accountant, psychologist, counsellor, etc.c Includes debt collection agency, employment agency, real estate agent.d Information on adviser was missing for one event where help was sought.


The types of services that people are in contact withwill in turn depend upon their geographic location,their circumstances and other needs. For instance, inNo Home, No Justice? people at risk of homelessness ornewly homeless were reported to turn to family andfriends, schools, doctors, community health workers,youth workers, tenancy workers, welfare workers,domestic violence workers, refuge staff, housingworkers and Centrelink. However, as people becomeentrenched in homelessness, they may lose contactwith friends and family, leave school and move awayfrom support networks and services that hadpreviously helped them. These people may have morecontact with police and Supported AccommodationAssistance Program (SAAP) services.4 In other A2JLNstudies, older people were reported to rely oninformal resources such as family and friends andestablished contacts such as doctors, while peoplewith a mental illness reported getting assistance fromfriends or family, social workers, mental healthworkers and church-run welfare groups.5

Number of agencies approachedIn considering pathways to legal assistance, it isimportant to note that people rarely seek assistancefrom more than one source for each legal issue.Justice Made to Measure reported that in 78 per cent oflegal events where help was sought, the individualonly went to one service or adviser. Two services oradvisers were approached in only 15 per cent of legalevents (Figure 1). The average number of services oradvisers approached was 1.3.6 The implication of thisis that ideally, the first service or adviser approachedshould connect the client with the legal service thatthey require.

FIGURE 1: NUMBER OF ADVISERS USED PER LEGAL

EVENT, ALL SIX LGAS, 2003

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Adviser used Rank

% of events

where help sought

12.0

46.9

614.1

812.1

422.0

521.0

123.0

60.7

8.0

54.7

919.0

25.51

19.7

33.51

215.4

614.1

5.5

012.5

123.0

55.5

15.42

97.5

517.3

117.4

411.4

89.5

74.6

025.0

312.4

123.0

0.2

100.0

Source: Justice Made to Measure, p. 102

0 1 2 3 4 5 6 7 8 9

Percentage of events where help sought

No

. of ad

visers used

0.5

1.1

5.3

14.8

78.4

Notes: Multiple advisers were sometimes used for the same event. Adviserswere classified as legal advisers only if one of their primary roles is toprovide legal information, advice, assistance or representation. Individualsand organisations who sometimes provide legal information or advice as asubsidiary activity are classified as non-legal advisers.

Sub-totals show the number of events where at least one of that type of adviserwas used. e.g. One or more traditional legal advisers were used in 180 events.Source: Justice Made to Measure, p. 104


WHY NON-LEGAL SERVICES AREAPPROACHED BY PEOPLE WITHLEGAL PROBLEMSAs indicated above, the A2JLN research suggests thatsome people seek assistance from services or advisersthey are already in contact with. Such services may notnecessarily be the source of advice most relevant to theissue nor be best equipped to deal with the legal issue.There are several reasons that people turn to theseservices, including that the service is familiar, it isknown or trusted or that it is perceived to be accessibleand approachable. In some cases people simply seekhelp from the service or worker who they are incontact with when a crisis hits or a problem arises.However people will also approach non-legal servicesto address the non-legal aspect of the problem they arefacing (e.g. a doctor about an injury). The legal aspectof the issue (e.g. seeking victim’s compensation for theinjury) may remain unaddressed.7

Some people were also reported to turn to friends,family and non-legal services because they simply didnot know where to go for legal assistance. For instance,some older people ‘do not understand their rights,what legal avenues of redress are available to them, orthe kinds of alternative assistance that are offered’.

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Thus, even when a non-legal service or an individualhas no particular role or capacity to assist a client withtheir legal issue, they may remain the first ‘port ofcall’ for disadvantaged people facing legal problems.

TYPES OF ASSISTANCE NON-LEGALSERVICES PROVIDEWhile non-legal services are commonly approachedby people who have legal issues, the type of assistancethey actually provide varies considerably.

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capacity and preparedness of a service to provideassistance to clients with legal problems – and the typeand quality of assistance actually given – depends onthe role and skills of workers and their knowledge oflegal issues. For example, a doctor or teacher who hasno particular link to legal systems and services maybecome aware that their client has a legal problembut not know how to help or where to refer the client.Furthermore, this type of assistance may be, or may beseen to be, beyond their role. Other workers andservices may only be able to assist within their areas of

expertise. For instance, while a tenancy worker will beable to assist and advocate for a client with a housingissue, they may not be able to assist the client with afamily law issue or fine-related debt.

However, the A2JLN research indicates that manywelfare-related services in particular, play a verydirect and active role in assisting clients with legalissues. The following discussion outlines the variousways that some non-legal services – particularlywelfare related services – provide or link clients withlegal assistance. These include:• helping the client to identify the problem• providing referrals to legal services• providing legal information• assisting with documentation • accompanying clients to appointments and

assisting in communication with lawyers• advocacy• assisting clients through the legal process.

For some welfare agencies, a combination of theabove tasks is part of their ‘case management’ role.This refers to the support role they play in assistingdisadvantaged clients, particularly those withcomplex needs, to manage or regain control of theirlives. For instance, the primary aim of homelessnessservices is to:

assist people who are homeless or at risk ofbecoming homeless to achieve the maximumpossible degree of self-reliance andindependence by providing transitionalsupported accommodation and a range ofrelated support services.10

For some non-legal services, addressing legal needcan be part of this multi-faceted support. This isreflected in data collected by homelessness (SAAP)agencies and collated by the Australian Institute ofHealth and Welfare (AIHW). The AIHW reports thatapproximately 11 per cent of all support periods

11to

all SAAP clients in 2004-05 involved assistance withlegal issues or court support. For some groups, thelevel of legal support required is even higher. Nearlya quarter (23%) of support periods to female clientswith children (often seeking assistance from SAAPfor domestic violence issues) involved assistance witha legal issue. In addition to providing ‘assistance with

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legal issue or court support’, ‘advocacy or liaison’ onbehalf of the client was provided in 34 per cent of allsupport periods to clients in the 2004-05 year.12

In other cases, workers and services may provide casemanagement involving assistance with legal issues whenthey are not trained or funded to do so, out of a desireto provide clients with the support they need, evenwhen resources are not allocated for such support.

The specific tasks that non-legal workers reportedundertaking to assist clients with legal problems areoutlined below.

Identifying the Problem

The pathway to a lawyer is the person who will advisethem that they need a lawyer. (Service provider, TheLegal Needs of Older People)

The A2JLN research suggests that ‘frontline’ non-legal service providers may be the first to identify thata client has a problem that requires legal advice orassistance, even when a client approaches the serviceabout other issues. For example, a youth workerassisting a client to find accommodation maydiscover that the client has large amounts of fine-related debt. Similarly, a doctor may identify that apatient is a victim of domestic violence or elder abusewhen they present with certain injuries.

Services that have a ‘case management’ role withclients, such as youth and homeless workers,specifically identify ‘assessment and referral’ – theidentification of issues facing their client and referralto appropriate support – as part of their role. Ahomelessness worker stated:

our role is primarily talking to the client,finding out what the problem is, andmaking the appropriate referral.13

This may directly result in a referral to a legal service.A lawyer acting for a young man with a mental illnessobserved:

The only reason we are acting for him isthat he has been linked in with usthrough a youth service that we have very

good contact with. So he has accessed aservice that is able to identify this as alegal problem and send him over to usand we are able to assist him, otherwisehe would just be falling through the net.14

Referral to legal services

… They give out free lunches, you go into the hall,have lunch, have a chat. If you have a problem yougo to the office, you tell them what your problem is atthe reception, like, ‘I’ve got a legal issue’ and theysay, ‘Sit down, we’ll go and get our legal person on foryou.’ From there, they refer you either to Legal Aidor somebody else who will tell you what your optionsare, and you take it from there. (Homelessparticipant, No Home, No Justice?)

In a number of the A2JLN studies, non-legal servicesreported referring clients to legal services and legalservices reported receiving referred clients. As onelegal service provider reflected:

If you think in your mind now about allthe clients that you have currently withmental health issues, mine are all referrals.They are not walking into the centre, theyare coming from youth centres.15

In some cases this is simply a ‘cold referral’: providinginformation about another agency or service so thatthe client can contact them. In other cases, thereferral is more proactive, a ‘warm referral’.16 A ‘warmreferral’ involves contacting another service on theclient’s behalf and may also involve writing a report orcase history on the client for the legal service and/orattending the service with the client. This may beeffective for clients who are hesitant to contact otherservices or who may not have the means – such as atelephone – to contact the other agency. One mentalhealth service provider commented:

I think it is incredibly easy just to referthem out. But I think with mental illness,or anyone that is seriously disadvantaged,that is not going to work because theywon’t [take] the referral. So there needsto be more hand-holding. So that meanspossibly people being able to go between

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a number of resources and act as acentral coordinator to assist that personinstead of just a referral. They don’t justring… [they] make sure they don’t fallthrough the cracks.17

A service may use both types of referral, dependingon the time available to them and the needs of eachindividual client.18 While many people with legalproblems may only need to be informed aboutwhich service to contact, the research suggests thatpeople with complex needs may require moreintensive support.

The level of referrals between services was reflectedin statistical data, such as that collected fromhomelessness services (SAAP data) and reported bythe AIHW. SAAP data indicate that in approximately25 per cent of the support periods where the clientrequested help with a legal issue or court support, theservice referred the client to another service (such asa lawyer) to address at least part of the issue.19

Providing Legal Information Non-legal service providers are often asked for legalinformation or advice. Non-legal workers reportedproviding their clients with preliminary informationabout a legal issue and the process of resolving it,including information about how particular legalprocesses work, what happens at court, whatdocuments they need and how to dress to appear incourt.20 Legal information may be provided verbally,or in the form of pamphlets or other published legalinformation (e.g. videos, posters and booklets).However, there can be risks in people who are notlawyers or legally trained in giving legal advice. Theadvice they give may be wrong and they may not becovered by appropriate insurance. For these reasons,organisations – both legal and non-legal – mayprohibit workers who do not have legal training or asolicitor’s practicing certificate from giving legaladvice to clients.21 Some of the problems workers facein distinguishing between legal information and legaladvice are discussed later in this paper.

Assisting with documentationDealing with government agencies (e.g. for income orhousing) often involves processes which rely heavily onwritten correspondence, the completion of forms and

the provision of documents such as those required toprove identity or place of residence. These processescan pose significant challenges for people using theseservices, particularly for those with complex needs orparticular disadvantage (e.g. intellectual disability,mental health issues, homelessness, or limited literacyand comprehension skills). For instance, people withcognitive impairment reported difficulties in managingtheir affairs, communicating with lawyers,understanding legal documents and articulating theircomplaints.

22These difficulties can place a considerable

burden on non-legal workers to assist these clients toparticipate in these processes and understand theirlegal rights and obligations. A number of non-legalworkers reported completing court forms and divorceforms for clients and helping them write letters.

23A

homelessness worker commented:

We take them to Centrelink, we take themto the Department of Housing. We sitdown with them and you have to explainto them what the questions are on theDepartment of Housing form or theCentrelink form or the Legal Aid form.24

Supporting clients in appointmentswith lawyers/explaining processes

We find that sometimes we don’t have the manpowerto go with somebody to an appointment and theywon’t sit through that appointment, they’ll lose theirtemper halfway through that appointment. Even ifyou are just there to say, you know just hear what thisperson has to say, that can help them too, becausethey don’t really want to walk out of the appointmentand they just can’t keep it together. (Homelessnessworker, No Home, No Justice?)

Depending upon the clients’ needs, workers mayaccompany clients to legal appointments to ensurethat they attend, to provide support during theappointment and, in some cases, to later more fullyexplain what it is the lawyer has told the client. Bothdisadvantaged people and workers interviewed forthe A2JLN studies identified the role of non-legalsupport people in assisting homeless people to keepcalm and focussed during appointments with legalpractitioners. As one homelessness worker noted:

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… they are so stressed out and they aretrying so hard to keep it cool, ‘this ain’taffecting me one bit’ … and after a coupleof hours they will come to me and say,‘What did he say?’ It is not only the factthat they can’t read but the compre-hension levels sometimes too, especiallywhen with high stress levels, you do notcomprehend as much as at other times …So everything you are telling them isgoing in one ear and out the other. Theyare saying, ‘Yep, understand it, yep, not aproblem.’ But you know they are nottaking anything in.25

This support can be particularly beneficial to peopleexperiencing mental health issues or communicationbarriers.

AdvocacyAdvocacy is speaking on behalf of someone or helpingthem to speak for themselves by offering support andassistance. For example, a worker may advocate for aclient by contacting the Department of Housing todiscuss the client’s options and needs in relation togovernment housing. Non-legal workers commonlyreported advocating for clients by engaging directlywith government agencies or other services such asCentrelink or the State Debt Recovery Office. Forinstance, in the 2004-05 financial year, 34 per cent ofall SAAP support periods involved ‘advocacy or liaisonon behalf of the client’. A further 20 per cent ofsupport periods involved ‘assistance to obtain ormaintain independent housing’ and 8 per centinvolved ‘assistance to obtain or remain ongovernment benefits’.26 One homeless persondescribed the benefits, as he saw it, of this support:

I took [caseworker] with me when I washaving a problem down at Centrelink andthat was unbelievable how quick it gotfixed up! Because [the caseworker] waswith me!27

Assisting clients through the legalprocessSome non-legal services and workers also supportclients, particularly vulnerable clients or clients withcomplex needs, once they become involved in legal

processes. For instance, homelessness workersreported assisting clients by:• assisting them to get documentation together

for court• explaining court processes • reminding them that they are required in court

and sometimes providing transport to court• providing clothing to wear to court• attending court as a support person and, if

necessary, explaining what has happened in courtthat day

• assisting them to adhere to any legal outcomes,such as bail conditions.28

CHALLENGES FOR NON-LEGALSERVICESWhile non-legal services are often the ‘first port ofcall’ for legal information or assistance, non-legalservices and workers – particularly those supportingclients with complex legal and other needs – face anumber of challenges in assisting clients to meettheir legal needs, including:• limited resources available to provide this

assistance• varying capacity of workers and services to assist

clients with legal problems• confusion about the appropriate level of assistance

to provide• knowing where to refer people with legal

problems.

Resourcing Some services reported that providing the level ofassistance that clients with legal problems require,was beyond their resource capacity. Non-profitagencies may experience a tension between thedesire to provide appropriate services and the lack ofadequate resources to deliver these services.29 Servicesand workers may find themselves doing work forwhich they are not funded, paid or trained. One non-legal homelessness service commented:

Well, we actually keep ourselves short inthe office department by sending peopleout to appointments with Centrelink orlegal or any appointment so that’s the wayto give them their cases, we do the same.We’re certainly not funded to do that, wedon’t have the capacity to do that.30

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It was also reported that non-legal agencies are notalways funded to provide the level of assistancerequired by people with a mental illness who have alegal problem. Workers suggested that the level ofassistance services could provide these clients hadreduced as a result of the current levels of fundingexperienced by mental health care servicesgenerally.31

The capacity of services to assistclients with legal problemsLack of knowledge of legal issues and sources ofassistance among frontline non-legal workers willaffect the quality of the information and referrals thatnon-legal services can provide. Consultations withservice providers suggest that the level of knowledgeamong non-legal workers and organisations aboutwhat information/advice they can or cannot give, andwhere to refer clients with legal problems, variesconsiderably with some non-legal agencies lackingsufficient legal knowledge to effectively assist clientswith legal problems.32 High staff turnover withinservices that support and assist disadvantaged peoplecan make it difficult to keep all non-legal workersinformed and up-to-date in relation to relevant legalinformation and legal services.33 Furthermore, theGateways to the Law study reported that ‘knowledge ofother agencies appeared to be gained on the job andin an ad hoc way’.34

While some workers may benefit from moreappropriate and formal training, some participantscommented that many community organisations donot have room in their budget to provide training forstaff and that staff do not have the time to attendtraining sessions.35

Confusion about the level ofassistance to provideIt can be difficult for workers to know what they canand can’t do for clients with legal problems. Forinstance, while non-legal workers can pass on legal‘information’ (e.g. give out a brochure), many aretold – for good reasons – that they cannot give legal‘advice’. In reality the boundaries between these twoare blurred. Some non-legal workers interviewedreported a tension between what the worker isallowed to do and the desire to respond to clients’

needs. Workers reported feeling stressed aboutproviding legal information, doubting their ownknowledge, fearing that it may cross the boundary to‘advice’ or may be inaccurate in some way.36 Theseconcerns may prevent some non-legal workers fromproviding any kind of assistance to clients with legalproblems.

Inappropriate referralAs discussed earlier, individuals will often not go tomore than one assistance agency, makingappropriate referral from the first agency essential.Some legal services reported that they had receivedinappropriate referrals from other services and thatreferred clients were ‘often confused and frustratedwhen they did not receive the service theyexpected’.37 Some non-legal services reporteddifficulty referring clients to legal assistance becausean appropriate legal service was not available.Participants in the public consultations for theA2JLN program also commented on the level offunding to Legal Aid NSW and Community LegalCentres (CLCs) as affecting both referral options andthe level of assistance services are able to offer onreceiving a referred client.38

IMPLICATIONS FOR LEGALSERVICESNon-legal services are often the ‘first port of call’ forpeople with legal needs, irrespective of their capacityto provide legal information or assistance. The way anon-legal service responds to a client’s legal problemdepends upon the role of the worker and that worker’sknowledge of available legal assistance services oroptions and their own resource capacity to support theclient. Non-legal workers also report concern aboutinadvertently providing legal ‘advice’ they are notallowed to provide, rather than information.

However, the prevalence of non-legal services as asource of advice for legal problems suggests that itwould be beneficial to equip non-legal workers to atleast be able to appropriately refer clients who havelegal problems to legal assistance services.Recognising the diversity of non-legal servicesapproached by people with legal needs, a range ofstrategies is required to support non-legal agencies.Strategies that A2JLN research suggests may support

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non-legal services to assist clients with legal problemsare discussed below. These include:• having a widely recognised, well resourced single

contact point for legal assistance and referral • providing training to relevant non-legal workers

on how to identify legal issues and appropriatelyrefer or provide legal information to clients

• providing non-legal workers with direct access tolegal information and assistance

• increasing inter-sector networks• legal and non-legal services forming relationships

in order to provide a case-managed, coordinatedapproach to the legal needs of disadvantagedpeople

• increasing awareness among legal services of therole played by non-legal services.

Referral InformationGiven the range of non-legal services that peopleturn to for help, ideally all service providers shouldbe made aware of where to refer a client who has alegal issue. A2JLN data suggests that informationabout where to refer clients with legal problemsneeds to be as simple but as widely known as possible.For instance, distributing the LawAccess NSW phonenumber to services that different disadvantagedgroups commonly access (e.g. community health staff,school counsellors, doctors, Centrelink offices) mayimprove the link between disadvantaged clients andappropriate legal assistance.39 LawAccess NSW helpspeople to assess their legal issue, provides legalinformation and, in some cases, legal advice and hasthe capacity to refer clients to other appropriate legalservices (e.g. specialist services, or services which arelocal to the caller). While telephone based advice maynot suit all clients (e.g. people with very complex needsor people with no access to a telephone), such advicemay be a particularly effective tool in assisting thosepeople who have the ability to resolve their own legalproblems if provided with appropriate information andgiven some direction. Widely communicating a singlecontact number for legal assistance potentiallyincreases the range of services that appropriately referdisadvantaged clients to legal support.

Referral TrainingWorkers who have a specific role in providing generalassistance to clients (e.g. case workers, welfare staff)

may benefit from regular and affordable training toimprove their knowledge of legal services andeffective referral practices. The NSW LegalInformation and Referral Forum has prepared a setof competencies for effective referral.40 These havebeen used as the basis for the referral video andmanual, Getting off the Referral Roundabout, producedby Kingsford Legal Centre.41

Training for non-legal workers could also focus onequipping workers to identify clients’ legal problemsand preparing clients for what the legal service mayor not be able to do for them. Training may alsoclarify for workers the difference betweeninformation and advice, and boost their confidenceto provide information and referrals. It should benoted, however, that high staff turnover can make itdifficult for agencies to keep their staff trained upabout addressing legal issues.

Models where non-legal workers are provided withthe necessary training and form alliances withspecialist legal services whom they can later contactfor guidance, may also be effective. In Gatewaysexamples are provided of relationships between legalservices and non-legal service such as financialcounsellors and tenancy workers.42

Legal assistance for non-legal workersCaseworker specific legal ‘hotlines’ can be useful tonon-legal workers when assisting clients with urgentlegal needs. They provide non-legal workers withready access to appropriate legal information when aclient comes to them with a legal problem. Suchhotlines already exist. For instance, the ConsumerCredit Legal Centre Caseworker telephone legaladvice line allows community workers to obtaininformation on behalf of their clients or guidance asto how they can assist the client through their ownservice.43 Non-legal workers can also contactLawAccess NSW for information about a legal issue,or put their client on the phone to LawAccess.However, the A2JLN studies suggest that knowledgeof such services among non-legal workers varies.Again, it is a challenge to ensure that broadawareness of these services is maintained in sectorswhere there is high staff turnover.

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Inter-sector support and networking Service providers and workers who participated in theA2JLN research commonly reported the value for bothnon-legal workers and legal workers of networkingbetween the sectors, potentially improving both legaland non-legal service provision to disadvantagedclients. Potential benefits include increased non-legalworker knowledge of the law, increased knowledgeamong legal service providers of the services providedby other agencies, clarification of roles, more efficientuse of resources and a greater ability to deliver servicesto clients, particularly in rural areas.44

Providing a coordinated responseFormalising referral agreements and networks betweenservices and recognising the role of non-legal servicesas ‘gateways into legal services’ has a strong potential toassist disadvantaged people to receive moreappropriate and timely legal assistance. For clients withparticularly complex or interrelated legal and non-legal needs (e.g. homeless people), a case-managed,holistic or ‘co-ordinated response’ may involve a teamof legal and non-legal services working together toassist those clients.45 There are a number of models ofservice coordination with varying levels of coordinationand autonomy between the services. A possible modelis that of the ‘service hub’ or ‘one-stop-shop’ whereservices are located near one another to improve clientconvenience and facilitate better referrals andcoordination between the services.46

Recognition of the role of non-legalservices as a pathway to legal supportIncreased awareness among legal service providersand the legal sector of the role played by non-legalworkers may also improve the way legal services meetthe needs of disadvantaged people. A non-legalworker acting as a support person should be seen asan ally who can make the role of the legalpractitioner more effective. Legal service providersinterviewed suggested that a non-legal worker in thecapacity of support person could provide relevantinformation on the client’s life circumstances andadvise legal workers as to the best way tocommunicate with the client.47 At the same time legalpractitioners and services can support non-legalservices and workers by providing them with legaleducation/training and, at times, advice.

CONCLUSIONOnly a small proportion of disadvantaged peoplewith legal problems go to a lawyer or legal service forhelp. People are far more likely to seek advice fromfamily and friends, or a broad range of non-legalservices including doctors, accountants, teachers,homeless people’s services, governmentorganisations, social workers and youth workers. Toimprove people’s access to justice and legal serviceprovision, it is essential to recognise that non-legalservices are often the first point of contact for manypeople with legal needs and to facilitate this as aneffective pathway to legal assistance.

There are a number of good reasons whydisadvantaged people in particular turn to non-legalservices for assistance including familiarity with theservice, convenience and not knowing where else togo. In some cases, disadvantaged people prioritisetheir non-legal needs over their legal needs and itmay be a non-legal worker who tells them theproblem they face is a legal one or has a legalimplication. However, in some cases, the non-legalworker will have no more knowledge than the clientabout what to do or where to go for legal help.Having a widely recognised, well resourced singlecontact point for legal referral and advice may helpremedy this situation.

Workers with a more direct support role todisadvantaged clients report assisting clients withlegal problems in numerous ways. These includehelping clients to identify the problem, referringthem to legal services, filling out forms and helpingto obtain documentation, accompanying clients toappointments, advocacy and assisting clients throughlegal processes. However, without appropriateresources, and knowledge of and support from legalservices, it can be difficult for non-legal services andworkers to provide appropriate assistance to clientswith legal problems. Workers may undertake workthey are not paid or trained to do, further stretchingalready insufficient resources. In turn, clients mayreceive wrong information or advice andinappropriate referrals, preventing them fromreceiving the appropriate and timely legal assistancethat they need.

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To increase the access of disadvantaged people toappropriate and timely legal assistance, it would bemutually beneficial for links to be formed betweenlegal and non-legal services and workers. The natureof these links will clearly vary with the capacity androle of the organisations involved. Some non-legalservices may only be in a position to provide clientswith a phone number for a legal assistance servicesuch as LawAccess NSW, while others may be in aposition to build networks with local legal services inorder to facilitate better referrals and establishmutual training and advice arrangements. For clientswith more complex needs, it may be appropriate fornon-legal and legal services to be coordinated to alarger extent, for example through the establishmentof service hubs.

Building relationships between the legal and non-legal sectors, which recognise the key role of non-legal workers as a pathway to justice, has potential toimprove the access to justice for socially anddisadvantaged people, particularly those withcomplex needs, including sometimes overwhelminglegal and non-legal problems.

FURTHER QUESTIONSThis paper has canvassed the assistance seekingbehaviour of disadvantaged people with legalproblems and the role non-legal services often play inresponse to this behaviour as revealed by the A2JLNresearch program. It has highlighted the dangers anddifficulties of non-legal workers and services fillingsuch a role, and offered strategies with the potentialto address such dangers and increase the effectivenessof non-legal services as a gateway to legal assistance.However, the research has raised a number ofquestions that remain unanswered. These include:• what is the cost of undertaking these strategies

(both staffing and funding costs)?• do such strategies have the potential to reduce the

cost of providing legal assistance to disadvantagedpeople?

• do such strategies have the potential to improvethe legal outcomes for disadvantaged people withlegal problems?

• will there be sufficient support among both legaland non-legal workers and services to implementsuch strategies in an effective and worthwhile way?

The Access to Justice and Legal NeedsProgramThe Law and Justice Foundation of NSW has undertaken theAccess to Justice and Legal Needs (A2JLN) Research Program toidentify the access to justice and legal needs of disadvantagedpeople in NSW. The objectives of the program are to examinethe ability of disadvantaged people to:• obtain legal assistance (including legal information, advice,

assistance and representation),• participate effectively in the legal system,• obtain assistance from non-legal advocacy and support,• participate effectively in law reform processes.

The program employs three methodological streams to addressthese objectives: • the analysis of legal service usage data, giving particular insight

into expressed legal need; • original quantitative legal need surveys, giving insight into

expressed and unexpressed/unmet legal need; • in-depth qualitative research into the needs of particular

disadvantaged groups.

Specific research published as part of this program to date includes:Public Consultations: a summary of the submissions received fromorganisations and individuals as part of the initial consultationprocess for the A2JLN Research Program.The Data Digest: The Data Digest is a database for examiningexpressed legal need as identified through inquiries handled bypublic legal services. It currently includes legal inquiries to theLegal Aid Commission of NSW, LawAccess NSW, and communitylegal centres in NSW. The inaugural Data Digest report, publishedin 2004, presents service usage data from 1999–2002. Justice Made to Measure: NSW Legal Needs Survey in DisadvantagedAreas: a quantitative survey of legal needs in six ‘disadvantaged’regions of NSW, measuring a wide range of legal events, includingthose where help is sought from legal or non-legal advisers(expressed legal need), those handled without outside help andevents where no action is taken (unmet legal need). The Bega Valley Pilot Survey: a quantitative survey of the legalneeds of 306 people conducted via telephone in Bega Valley. Thiswas the pilot survey undertaken for the survey reported in JusticeMade to Measure.The Legal Needs of Older People in NSW: a qualitative study into thelegal issues commonly experienced by older people in NSW andthe barriers faced by older people in accessing services to resolvelegal issues. No Home, No Justice? The legal needs of homeless people in NSW: aqualitative study into the capacity of homeless people in NSW toobtain legal assistance, participate effectively in the legal systemand obtain assistance from non-legal advocacy and supportagencies. The study also details the legal issues commonlyexperienced by homeless people.On the Edge of Justice: The legal needs of people with a mental illnessin NSW: a qualitative study into the legal issues faced by peoplewith a mental illness in NSW, their capacity to obtain legalassistance, participate effectively in the legal system and obtainassistance from non-legal advocacy and support agencies.


11

Pathways to justice: the role of non-legal services

Current at May 2007

1 Coumarelos, C, Wei, Z & Zhou, A.Z., Justice Made to Measure:

NSW Legal Needs Survey in Disadvantaged Areas, The Law and

Justice Foundation of NSW, 2006, p 93

2 Justice Made to Measure, p 103 - 105

3 Karras, M, McCarron, E, Gray, A & Ardasinski, S, On the Edge

of Justice : The legal needs of people with a mental illness in NSW,

The Law and Justice Foundation of NSW, 2006, p 165

4 Forell, S, McCarron, E & Schetzer, L, No Home, No Justice?, The

Law and Justice Foundation of NSW, 2005, p 182

5 On the Edge of Justice, p 165

6 Justice Made to Measure, p 102

7 No Home, No Justice?, p 181, On the Edge of Justice, p 166, Justice

Made to Measure, p 113

8 The Legal Needs of Older People, p 34

9 No Home, No Justice?, p 205, On the Edge of Justice, p 178

10 Department of Families, Community Services and Indigenous

Affairs, Supported Accommodation and Assistance Program

http://www.facs.gov.au/internet/facsinternet.nsf/aboutfacs/

programs/house-saap_nav.htm, accessed 28/6/06

11 A ‘support period’ is the period of time a person is a client of

a SAAP service. A SAAP service is a ‘homelessness’ service

funded by the Supported Accommodation and Assistance

Program.

12 Australian Institute of Health and Welfare 2006. Homeless

people in SAAP: SAAP National Data Collection annual report

2004–05 New South Wales supplementary tables, AIHW cat. no.

HOU 133. Canberra: AIHW (SAAP NDCA report. Series

10), Table 6.3, p 26

13 No Home, No Justice?, p 204




17 Scott, S & Sage, C, Gateways to the Law: an exploratory study of

how non-profit agencies assist clients with legal problems, The Law

and Justice Foundation of NSW, 2001, p 95


19 Gateways to the Law, p 96 Australian Institute of Health and

Welfare 2006. Homeless people in SAAP: SAAP National Data

Collection annual report 2004–05 Australia. AIHW cat. no. HOU

132. Canberra: AIHW (SAAP NDCA report. Series 10), p 56

20 On the Edge of Justice, p 132, No Home, No Justice?, p 202

21 Gateways to the Law, p 60





26 Australian Institute of Health and Welfare 2006. Homeless

people in SAAP: SAAP National Data Collection annual report

2004–05 New South Wales supplementary tables, p 26





31 On the Edge of Justice, pp. 180 - 181

32 No Home, No Justice? p 205

33 Access to Justice Roundtable: Proceedings of a Workshop, edited and

compiled by the Law and Justice Foundation of NSW, 2002, p 106


35 Access to Justice Roundtable, p 106

36 No Home, No Justice?, p 202, Gateways to the Law, pp. 55, 57

37 Gateways to the Law, p 98, p 58

38 Public Consultations, p 33

39 No Home, No Justice?, p 226 Justice Made to Measure, p 218

40 NSW Legal Referral Forum, Legal Referral Competencies, The

Law and Justice Foundation of NSW,

http://www.lawfoundation.net.au/information/referral/com

petencies.html.

41 Kingsford Legal Centre, Getting off the Referral Roundabout, 2005

42 Gateways to the Law, pp 88 – 89; p 110

43 No Home, No Justice?, p 216, On the Edge of Justice, p 185

46 Justice Made to Measure, p 223

44 Gateways to the Law, pp 89 - 90

45


Justice Made to Measure, p 164, p 222

Street Address: Level 14 130 Pitt Street Sydney NSW 2000

Mailing Address : GPO Box 4264 Sydney NSW 2001

e: [email protected] t: +61 2 9221 3900 f: +61 2 9221 6280www.lawfoundation.net.au


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