• PROGRESSING CHANGE

Annual report 2021-22

Ed & Chair report

Kristen Wallwork

Executive Director

Dona Tantirimudalige

Chair

At the time of starting to write this report there are literally blue skies in my line of sight and I hope that is what many Victorians have begun to feel in the second half of this year. While SMLS soldiered on for another year of the pandemic through further lockdowns and restrictions we also continued to move forward. We changed our name and branding. We secured new programs including Family and Advocacy and Support Service (FASS) and Family and Dispute Resolution Services (FDRS), and introduced a new system of early dispute resolution services for people moving through intervention order processes. We are building on our paperless office by implementing new systems to further streamline and bring efficiencies to our work. We are building our engagement and contribution to public discourse through our online presence. Our staffing cohort has grown so we have been looking at the opportunities for staff within the organisation (building in new roles) as well as longer term strategies to attract people to the sector and our centre. 

Some highlights this year include our commitment of resources and energy to our policy and advocacy work where we feel we can make a real impact in progressing change. Our policy team are taking a targeted approach to policy issues that present through our client casework and/or areas of law that we believe will bring lasting impact to the complex lives of clients. 

We have submitted or contributed to the following enquiries;

  • Inquiry into Victoria’s Justice System, Legislative Council, Legal and Social Issues Committee, Date submitted: 21 September 2021
  • Briefing Paper for various MPs regarding VOCAT, through the FCLC, July 2021
  • Submission bon the Exposure Draft of the draft Migration Amendment (Protecting Migrant Workers) Bill 2021, Joint Submission with Westjustice And Jobwatch 16 August 2021 
  • Provided a briefing paper to the Progressive Law Network, for the ALRC Review Of Judicial Impartiality.
  • Inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021, Joint submission from West Justice and Springvale Monash Legal Service Submission to the Education and Employment Legislation Committee, July 2021 
  • Submission to the Victorian Law Reform Commission, Stalking, submitted: 19 August 2021
  • Department of Justice and Community Safety (DJCS), Affirmative Consent: Responding To Recommendation 50 And 51 Of The Victorian Law Reform Commission’s Report Into Improving The Justice System To Sexual Offences, submitted: 25 February 2022
  • National Anti-Racism Framework, Australian Human Rights Commission, submitted: 4 February 2022
  • Short Submission, Draft Criminal Procedure Act reforms – JLA (Sexual Offences and Other Matters) Bill
  • Draft National Plan to End Violence Against Women and Children, Australian Department of Social Service, submitted: 22 February 2022
  • Fair Work Ombudsman, FWO 2022-23 Compliance and Enforcement Priorities, submitted Feb 2022 
  • Fair Conduct and Accountability Standards for the On-Demand Workforce, Industrial Relations Victoria, Department of Premier and Cabinet, Victorian Government’s Proposed Fair Conduct and Accountability Standards (Standards) for the Victorian on-demand workforce. Submitted Feb 2022
  • Inquiry into Children of Imprisoned Parents, Parliament of Victoria legislative Council Legal and Social Issues Committee, submitted: April 2022
  • Consultation with Alliance for Gambling Reform, informing their submission to the Inquiry into online gambling and its impacts on problem gamblers 
  • Joint Letter: Preventing the exploitation of migrant workers, to the Federal Government of Australia 
  • Joint Advocacy, Opposition to the Migration Amendment (Strengthening the Character Test) Bill 2021, Open letter, submission, media interviews and providing case studies 
  • Submission and consultation for the Respect@Work – on remaining legislative recommendations, Implementation Unit, Attorney-General’s Department, March 2022
  • Submission to the 2022 Review of Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth) FW SAJER Act, July 2022 
  • Submission to the Social Housing Regulation Review, Secretariat Social Housing Regulation Review, submitted:28 March 2022
  • Systemic Review of Police Oversight, for the Department of Justice and Community Safety, submitted Feb 2022
  • Direct lobbying and advocacy with MPs, Briefing papers, submissions regarding the 2022 Victims of Crime (Financial Assistance Scheme) Bill

SMLS saw the strong impact that joint advocacy can have when we joined with other Community Legal Centres through the Visa Cancelations Working Group to lobby in opposition to the Migration Amendment (Strengthening the Character Test) Bill 2021. We joined an open letter and separately wrote to various MPs and Members of the cross bench. Specialist migration CLCs gave advice to on the minutia of the legislation, and generalist CLCs such as SMLS were able to provide powerful case studies of the impact of the proposed laws submission. Our case studies were used in media articles and other advocacy undertaken by the Working Group. Due to concerted advocacy against the Bill, it was not passed. This was a fantastic example of collaboration in our sector to amplify the voices of our clients and vulnerable people in our country. 

It was wonderful to see the impact of our increased focus on policy and law reform in various ways. We were quoted extensively in inquiries such as the Victorian Law Reform’s ‘Stalking’ report, where our advocacy for legal support for parties in Personal Safety Intervention Order Applications, and the need for more mental health support for vulnerable Victorians were highlighted. In the Inquiry into the Children of Imprisoned parents report, our advocacy regarding the trauma involved in having a parent in prison was highlighted. We also called for a broader focus on decriminalisation and the need to use alternative sentencing options to keep parents with their families, such as diversion programs and community-based sentencing.

While we recently secured funding for a number of new programs and expansions (all to be reported next year!) we are very proud of the commitment SMLS made to pre-investing in our integrated services Support Connect Integrated Program (SCIP). We have our first social worker on deck and have increased the number of social work students we intake from Monash University and Federation University. We are very grateful for our ongoing partnership with Good Shepard Aus NZ as part of this program. The coordination that SMLS has provided to clients with co-related matters means a focus on long term impact. Breaking down enmeshed chains of issues and their co-existence ensures clients are not left unsupported and are able to maximise resolutions.

We have been fortunate to bring Monash law students back into the office one day per week and extend to clients the opportunity of online video appointments. We are looking forward to returning the option of attending our sites for appointments. We know this is a critical part of the student program and their engagement with the clients we serve. We are also thrilled to have planted the seeds of a collaborative relationship with Darwin Community Legal Centre, with an initial community engagement project that was trialled through our student law clinical program.

It has been fantastic to finally embed our Sporting Change program into Dandenong High School and Hampton Park High School. Our team are feeling very supported by these schools and very engaged with the students in the program. It is great that we were able to weather the limitations of remoteness and still be able to re-ignite our flagship community development program.

We thank the Dean of Law Bryan Horrigan, the State and Federal Attorney Generals and their departments, the Department of Justice and Community Safety (Vic) and Victorian Legal Aid Commission for your ongoing support of SMLS. To our local members of parliament who support SMLS advocating for services in our region.

We commend the staff on navigating another year in this all too familiar pandemic world but also note we look forward with joy of the things to come and re-energising the SMLS environment to support the great work we undertake for the community.

I personally thank the Board for their ongoing considered and thorough oversight of SMLS. The SMLS Board provides engaged and eclectic management which means there is proper consideration and support for the direction the organisation takes.

SMLS is excited to launch our research project this year. This process of undertaking this project as well as the findings are integral to building our knowledge and skills, to harness in our pursuit of progressing change.

Read More

While we recently secured funding for a number of new programs and expansions (all to be reported next year!) we are very proud of the commitment SMLS made to pre-investing in our integrated services Support Connect Integrated Program (SCIP). We have our first social worker on deck and have increased the number of social work students we intake from Monash University and Federation University.

For most of our programs, we collect data to measure our impact. How many people did we see? What was the resolution to the issues? How did the person feel after getting help? Asking these kinds of questions helps us to understand what we do leads to the intended outcomes. Over the last few years, we have seen an exciting growth in our policy and law reform work at SMLS. This begs the questions - are we making a difference? Is this work contributing to a fairer and more just community?

Policy: Progressing Change In policy & law reform

We are developing our impact measurement strategy – thinking about how our activities are expected to lead to the long-term change we hope to see. We are considering outcomes that involve building our organisational capacity to become more effective in this space and emphasise learning and development. Impact measurement also needs to focus on contribution rather than attribution. Despite these strategies to measure our success, it can be disheartening to work hard fighting for changes that take such a long time to see implemented.

victims of crime

This year, we have been lucky to witness the culmination of many, many years of advocacy and law reform work from SMLS and the community legal sector through the passing of the Financial Assistance Scheme (FAS) Bill. In 2017, The Victorian Law Reform Commission opened an inquiry into the Victims of Crime Assistance Act 1996. SMLS worked with over 45 other orgnaisations and law firms to develop two detailed, evidence-based submissions highlighting the needs and experiences of our clients. Since then, we have continued to write submissions into various inquiries into the laws that impact victims of crime, as well as speak to politicians and decisions makers, including the Department of Justice and Community Safety to ensure that our clients voices were loud and clear as new laws were developed. 

Most recently, we wrote to local Members of Parliament and met with a number of Members to discuss important amendments to the Victims of Crime (Financial Assistance) Bill 2022.  It was fantastic to hear some of our case studies and feedback being read out loud to the Legislative Council for their consideration by Members of Parliament whom we had reached out to and met with.

The new Bill replaces the Victims of Crime Assistance Tribunal (VOCAT) with a Financial Assistance Scheme that seeks to minimise victim trauma. While we were disappointed that not all of our amendments were included in the Bill, such as  removing  the requirement for mandatory police reporting, removing  the requirement to take into consideration the character and past criminal activity of the victim-survivor and removing  the requirement for ‘exceptional circumstances’ for recovery related expenses, we are thrilled to see many of our other policy submissions incorporated. Particularly the option for victim/survivors to have victim recognition meetings, where they can talk about the harm caused to them and have their experience acknowledged by a scheme representative, expressing their condolences on behalf of the government.

During the debate, Tania Maxwell MP and several other cross benchers highlighted other concerns in relation to the Bill, including the police reporting requirement, the grounds for refusal based on character grounds and the requirement for ‘exceptional circumstances’ for recovery related expenses. 

Despite this rare chance to see real actualisation of our policy and law reform work, the fight continues. SMLS and other community legal centres will continue advocating to Minister Hutchins’ office to provide input on the regulations and guidelines needed to operationalise the legislation.

Read More
VOCAT-sexual assault cases

"It has been fantastic to finally embed our Sporting Change program into Dandenong High School and Hampton Park High School. Our team are feeling very supported by these schools and very engaged with the students in the program. It is great that we were able to weather the limitations of remoteness and still be able to re-ignite our flagship community development program."

Support, Connect, Integrated Program: SCIP

Program Outline

Clients accessing SCIP receive the provision of legal assistance, financial counselling and social work support. The team provide complex case management to community members so that interventions, actions and supports have a medium term, sustainable outcome for the individual.

A client can move from crisis, to stability, to resilience with the assistance from a multidisciplinary team that supports a client through the challenges they face in a strategic, timely and accessible way. SMLS has develop this program as a response that addresses the complicated, coexisting and interrelated legal and non- legal problems that cut across many aspects of people’s well-being, including their family circumstances, finances, employment, health, housing and welfare. It is often inadequate to deal with each legal problem in isolation.

SCIP Client Journey

Integrated Action Plan
Prior to making referrals, an action plan was created with client and safety was the main objective for client.
Integrated Action Plan
Client Referred to SCIP
SCIP team received a referral from SMLS lawyer stating that client has a lot of issues with her neighbour.
Client Referred to SCIP
Social needs Assessed
Student Social Worker spoke to client and understood She had a $7000 existing debt for utilities that she was unable to pay due to financial hardship. She was feeling significantly isolated and afraid due to experiencing racial abuse and harassment from her neighbour.
Social needs Assessed
Safety Planning
Lawyer was informed about client’s concerns regarding IVO breaches and referrals were made internally to Financial Counsellor to assist with the existing debt. Student Social Worker made a referral to an external agency. The latter helped client fundraise money to purchase and install security devices.
Safety Planning
Legal Case Work
Lawyer was invited to attend SCIP case meeting in order to provide insights to client’s options and also better understand client’s choices regarding their legal matter.
Legal Case Work
Legal issue Resolved
Client applied for an extension of IVO and felt safer as she was able to obtain security cameras and access to counselling for ongoing support.
Legal issue Resolved

“The undergrad Monash Law Students developed the necessary skills to manage clients from vulnerable backgrounds with difficult legal matters. They also find themselves in the situation of considering the ethical application of the law.

Janine Hill-Buxton

Director of Legal Practice Group A

Student Mapping

“Our Monash Law Students who do their second placement at our Integrated Sexual Assault Clinic (ISSA) spend time considering what sorts of support victims of sexual assault and family violence will need to navigate the impact of those experiences.”

Cristiana Tomasina

Cristiana Tomasina ISSA Practice Lead

“It is great to see that the social work students learned more about the intersection of legal and social professional practices and gain skills working in a multi-disciplinary team.”

Nabila Marzouk

Integrated Programs Coordinator

Client Data

Total number of Early resolution service (ERS) program

Female
0 %
male
0 %

ERS Data (I)

No Data Found

Stakeholders engagement

ERS Data (II)

No Data Found

Total number of family dispute resolution
services (fdrs)

0

CASE STUDY: PARENTING MEDIATION

Client father seeking final parenting orders for child after the mother filed a recovery order following our client withholding the child due to risk factors.  At the time of mediation, the child had returned to live with the mother and was spending weekend time with the father. The father was unrepresented in the proceedings and was required to file multiple court documents responding to the mother’s application, which he was unable to do due to his intellectual disability.

This was the first mediation in the matter since the first hearing in the proceedings. At mediation, the FDRS duty lawyer negotiated final parenting orders by consent for the parents to have equal shared parental responsibility, alternate weekend time and special occasions/holiday time with phone calls during the week.

The client authorised the FDRS duty lawyer to sign the consent orders on his behalf and the duty lawyer worked with the mother’s solicitor to sign the relevant documents requesting the matter be taken off the list as it had settled and that the judge make the orders by consent.  

This required the FDRS duty lawyer to negotiate final consent orders as the client was unable to file documents and the parents had reached agreement about arrangements for their child. The documents were prepared by the duty lawyer and agreed to by the mother. The court made the final orders one week later without either party having to appear.

Total number of family advocacy & support services (FASS)

0

CASE STUDY:

The client mother was referred to the FASS service for assistance with a recovery order for a young baby who was in her primary care.  The father removed the baby from her care and only permitted her to visit the baby occasionally. Our client experienced prolonged family violence over the long relationship, including coercive control and surveillance.  An intervention order was in place protecting the client and the baby.

The client sought assistance for drafting court documents for an urgent application to the Federal Circuit and Family Court (FCFCOA).  She was referred into the service on two consecutive days.  The client attempted to start her application but was unable to prepare the documents, even with assistance from a relative and access to a library. Six documents were required for filing in the court otherwise it would be rejected.   The duty lawyer that day advised the client of the documents and what information was required then referred her into our service where one of the family lawyers prepared her urgent application to recover the child.  An urgent hearing was held at the court the day after the application was filed.  The child was returned and parenting orders made for the child to live with our client.

It was a great outcome for the client as the FASS duty lawyers communicated with each other and with one of our family lawyers about the information needed to prepare and file an urgent application as the baby was at risk from emotional and psychological harm by being removed from the mother.

general data

The following is just a snapshot of the top 10 legal issues that clients have presented throughout this last year. Unsurprisingly family violence, but also family law related matters are at the top. This has been consistent beyond the community legal sector.

Download our financial statements for the year ended 30 June, 2022

Acknowledgments

  • Mr Chris Pollard of Wisewould Mahony
  • Dr Laura Hilly (List G Barristers)
  • Anna Marshall, VLA Family Advocacy Support Service
  • Tracy Hansen-Eales, Berwick Family Relationships Centre
  • Bree Nicholson, Catholic Care Dandenong
  • Adam Chetcuti, Project Officer Family Law Pathways Network
  • Jason Korke, barrister – Svensons List
  • SafeConnections – WESNET 
  • South East Community Links 
  • Afri-Aus Care
  • St Kilda Mums
  • The Orange Door
  • Sikh Volunteers Australia 
  • Red Cross 
  • Salvos
  • Cranbourne Information and Support Service
  • Catholic Care
  • WAYSS
  • Windermere
  • SECADA
  • Foundation House
  • Safe Steps
  • Uniting Care 
  • Anglicare 
  • City of Casey 
  • City of Greater Dandenong
  • Cardinia Shire
  • Good Shepherd
  • JobWatch
  • WEstjustice
  • VCOSS
  • Federation of Community Legal Centres (FCLC)
  • Daniel Latter Magistrates Court Dandenong
  • Sarah Boucher Magistrates Court Dandenong 
  • Annina Tropea Victoria Police, Nicholas La Mattina Victoria Police and 
  • Natalie Heynes VLA
  • Study Melbourne Student Centre
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