Children Don’t Belong In Adult Prison System: Peak body concerned by Government decision

The peak body for community lawyers in Victoria is deeply concerned by the Victorian Government decision, announced today, to move youth justice from the Department of Health and Human Services into Corrections Victoria – the department that manages adult prisons.

The Victorian Federation of Community Legal Centres joins leading human rights and social welfare bodies in raising deep concerns about the move.

“There are good reasons why children are treated differently to adults in the justice system. It is well understood that child and adolescent brain development affects the way young people think and act. We also know that, when given access to proper rehabilitation, children have a very good chance of moving in a new direction,” said Federation Executive Officer, Serina McDuff.

Ms McDuff said that the decision to move youth justice into the department that manages adult prisons risks causing long term damage to children and undermining community safety.

To find meaningful pathways out of the system, children need access to education, skills training, counselling and other support, said Ms McDuff.

“These are often very vulnerable children from highly disadvantaged backgrounds. We know that when they can access support and opportunities, they make better choices.”

Ms McDuff criticised the short sightedness of the government’s response.  She noted that, following recent exposure of severe mistreatment of children in Northern Territory prisons, governments, legal bodies and welfare agencies around Australia are working to improve youth justice.

“Just as governments around Australia are finally developing smarter, better pathways to rehabilitation, the Victorian Government is taking an astounding leap backwards. Victoria has previously led the way and is now at risk of going against the evidence of what works.”

Ms McDuff highlighted critical staff shortages in existing youth justice facilities. “At times we’ve got children being locked down for up to 23 hours a day simply because there aren’t enough staff members on duty. The government needs to address these core issues alongside infrastructure upgrades.”

“This is a lose-lose situation. It risks trapping vulnerable children in an ineffective system, as well as jeopardising community safety. There is no evidence this move will address the current issues. The Victorian Government should be improving our youth justice system and building on effective responses, such as diversion initiatives, access to education and smaller institutional settings.”

For media comment

Serina McDuff

Executive Officer
0451 411 479

Law societies issue open letter to PM, joining chorus of voices calling for legal assistance funding

Law societies nationally have joined the chorus of voices calling for sustainable funding for free legal assistance services.

In an open letter to Malcolm Turnbull published today, the law societies of every state and territory have called on the prime minister to reverse $35m of cuts to community legal centres, and to boost funding to legal aid and Aboriginal legal services.

‘Community legal centres are badly underfunded even before the cuts begin, turning away 160,000 people a year, so this is a vital call on the prime minister to take urgent action,’ said Serina McDuff, executive officer of the Federation of Community Legal Centres, today.

‘Including the Federal Government cuts to begin next July and due to a lack of additional investment, community legal centres nationally are facing a shortfall of around $100 million over the next four years, with serious consequences for the number of people we will be able to assist in the face of clearly increasing need.’

Community legal centres provide vital free legal help for women escaping family violence, and vulnerable people experiencing workplace mistreatment, tenancy issues, and consumer scams.

‘In 2014 the Productivity Commission recommended an immediate $200 million annual boost across free legal assistance services. State and Territory Attorneys-General have written twice to the Federal Government voicing concerns over funding. In Victoria, we have just had an Access to Justice Review, which again confirms a significant funding deficit. Now law societies nationally have joined the call to properly fund free legal help for vulnerable people. We welcome their support and leadership and call on the prime minister to act,’ McDuff said.

McDuff said a significant boost was needed if access to justice for those in need was to be addressed.

‘The impact of these cuts will be felt by vulnerable people who can’t afford to pay a lawyer and who belong to the growing numbers who also aren’t eligible for legal aid. They are cuts that hit people with nowhere else to go,’ McDuff said.

Download this media release (PDF)

For media interview and information

Serina McDuff
Executive Officer
Federation of Community Legal Centres
0451 411 479

Darren Lewin-Hill
Communications Manager
Federation of Community Legal Centres
0488 773 535

Legal funding leaves services out of reach for many women facing family violence

Funding to provide free legal help for women facing family violence announced today by Prime Minister Malcolm Turnbull will come as some relief to victims and the community legal centres who help them. However, it falls short of restoring Federal Government cuts and does not address growing need for family violence and broader legal help, according to the Federation of Community Legal Centres.

‘Additional investment for vital services is always welcome, however the announcement today of $5m for community legal centres is not enough to help women escaping violence get the assistance they need to obtain an intervention order or remain safe in their home,’ McDuff said.

Community legal centres provide vital free legal help for women not only with intervention orders to stop family violence through the courts, but with related legal issues including family law, tenancy, and debt. Family violence orders comprised the top legal problem type for community legal centres in Victoria in 2015–16, with a 19% spike in legal advice, and a 12% increase in cases opened.

‘In the face of high and growing need for free legal help with family violence, community legal centres nationally face a 30 per cent cut in Federal funding next July, when they already turn away 160,000 vulnerable people a year. We are concerned about how this will impact our services to people experiencing family violence.

‘In 2014 the Productivity Commission recommended an immediate injection of $200 million into legal assistance services to begin to meet this crushing demand and the recent Victorian Access to Justice Review also recommended increasing investment.

‘The Government has made clear statements today about their concern for family violence and provided a small boost for some services. We hope to see additional commitments to address the significant demand pressures on legal services and ensure all people experiencing family violence can access the support they need,’ McDuff concluded.

Download this media release (PDF)

For media interview and information

Serina McDuff
Executive Officer
Federation of Community Legal Centres
0451 411 479

Darren Lewin-Hill
Communications Manager
Federation of Community Legal Centres
0488 773 535

What’s the future of free legal help in Victoria?

Thursday 13 October 2016 – embargoed until 12.00am Friday 14 October 2016

The future of free legal help in Victoria will be the focus of a symposium at Melbourne Town Hall tomorrow (Friday 14 October). Achieving Justice will bring together community legal centres, Victoria Legal Aid, the Victorian Council of Social Service, Domestic Violence Victoria and key not-for-profit organisations working for social justice.

‘With the release of the Victorian Government’s Access to Justice Review amid extraordinary pressures on community legal centres facing imminent Federal Government cuts, this symposium is a vital opportunity to look at the serious challenges to accessible free legal help, but also the opportunities to strengthen how we assist vulnerable people,’ said Serina McDuff, executive officer of the Federation of Community Legal Centres, today.

The review acknowledged under-funding across legal help services, calling for increased State and Federal investment, echoing the 2014 Productivity Commission, which recommended an immediate boost to community legal centres, legal aid commissions and Aboriginal legal services of at least $200 million a year.

‘The advocates brought together at this symposium will show that meeting the legal and broader needs of the most vulnerable people is a collaborative effort that needs to be sustainably funded.

‘The review also acknowledged the value and importance of integrated service delivery, which is how community legal centres have been working for decades to ensure vulnerable Victorians facing complex social, financial and legal issues receive the help they need.

‘The symposium will also show how advocates are working to drive positive change and innovate through technology to address serious problems like family violence,’ McDuff said.

Domestic Violence Victoria CEO Fiona McCormack will address the Federation’s annual general meeting (12.30–1.30pm), and the symposium will conclude with a family violence panel of leading community legal centres.

In 2015–16, Victorian community legal centres saw a 19 per cent spike in demand for free legal advice for family violence, and there was a 12 per cent increase in the number of family violence cases opened. Family violence intervention orders are the top legal problem type for Victorian community legal centres.

Achieving Justice will be held at Melbourne Town Hall from 9.00am on Friday 14 October 2016. The event is open to media.

The Federation of Community Legal Centres is the peak body for 49 community legal centres in Victoria.

Download this media release (PDF)

Download Federation 2015–16 annual report

For media interview and information

Serina McDuff
Executive Officer
Federation of Community Legal Centres
0451 411 479

Darren Lewin-Hill
Communications Manager
Federation of Community Legal Centres
0488 773 535

Access to Justice Review confirms the value of legal help services, need for increased funding

The Federation of Community Legal Centres has welcomed today’s release of the Victorian Government’s Access to Justice Review.

Undertaken by the Department of Justice and Regulation, the review was tasked with identifying ways to improve access to justice for Victorians to ensure the most vulnerable and disadvantaged receive the support they need when they have a legal problem.

In making 60 recommendations that will now be considered by government, the report acknowledges the importance of integrated service delivery.

‘Community legal centres have led the way in integrated service delivery, from Health–Justice Partnerships providing legal assistance in health settings to working alongside financial counsellors. We’re glad to see the report has noted the effectiveness of this approach,’ said Serina McDuff, executive officer of the Federation, today.

The report also highlights the significant funding shortfall for legal assistance services, again confirming the drastic levels of underfunding of the legal assistance sector and recommending funding increases at both State and Federal levels.

‘Despite demonstrated demand, community legal centres are facing Federal cuts of 30 per cent from July next year, cuts that will have a devastating impact on the ability of community legal centres to provide free legal assistance to those most in need, such as people facing consumer scams and residential tenancy issues.

‘This is another report which confirms the extraordinary levels of unmet legal need already identified by the Productivity Commission in 2014, yet the Federal Government seems determined to proceed with the cuts.

‘At a State level, we urge the Victorian Government to increase funding to community legal centres and the broader legal assistance sector. In particular the report notes there is high demand for duty lawyer services, family violence related legal services, Aboriginal legal services and integrated service provision partnerships,’ McDuff said.

She welcomed the review’s recommendation that the Victorian Government provide longer-term funding.

‘Community legal centres have at times faced short-term funding arrangements, making it extremely difficult to not only retain experienced staff, but also to plan for future demand.

‘We commend the Department of Justice and Regulation on a thorough consultation process and a comprehensive report, and look forward to working with our members and partners in considering the report in detail,’ McDuff concluded.

For media interview and information

Serina McDuff
Executive Officer
Federation of Community Legal Centres
0451 411 479

Darren Lewin-Hill
Communications Manager
Federation of Community Legal Centres
0488 773 535

Further information

Federation submissions to the Access to Justice Review

 

Diary ruling a step towards greater scrutiny of damaging legal help cuts, community lawyers say

Today’s Federal Court ruling requiring the reconsideration of a refusal to release the work diary of Attorney-General George Brandis under freedom of information laws has been welcomed by the Federation of Community Legal Centres.

‘This ruling is a step towards greater scrutiny of damaging Federal Government cuts to free community legal help for vulnerable people – cuts which cannot be justified and directly contradict the recommendation of the Productivity Commission for a significant boost to free legal assistance services,’ said Serina McDuff, executive officer of the Federation, today.

Release of the diaries was sought by Shadow Attorney-General Mark Dreyfus to determine the extent of the Attorney-General’s consultations with stakeholders before announcing the cuts, which will reduce community legal centre funding nationally by 30 per cent in July 2017.

‘We expect greater transparency regarding the decision will support the fact there is no legitimate basis for the cuts in the face of spiralling legal need,’ McDuff said.

Already badly underfunded, community legal centres nationally help more than 216,000 people a year but are forced to turn away around 160,000 people who cannot afford a private lawyer or access legal aid.

‘Free legal help from a community legal centre can be the difference between getting a family violence intervention order or not, between keeping a roof over your head or being evicted into homelessness, between getting help for a financial scam or being left to suffer the consequences,’ McDuff said.

She said modest Federal funding announcements for family violence legal help through the Women’s Safety Package and following May’s Federal Budget would be dwarfed by the 2017 cuts, and failed to consider the need for broader free legal help beyond family violence.

‘The Federal Government has chosen to make savings that are small in budget terms, but represent massive cuts to poorly funded community legal services that will have a very significant impact on vulnerable people,’ McDuff concluded.

Legal proceedings to prevent the release of the diaries are publicly funded. The Federal Government spends more than $700 million annually on its own legal advice and representation (AGD figures) – more than twice its expenditure on frontline legal services through community legal centres, legal aid and Aboriginal legal services.

Download this media release (PDF)

For media interview and information

Serina McDuff
Executive Officer
Federation of Community Legal Centres
0451 411 479

Darren Lewin-Hill
Communications Manager
Federation of Community Legal Centres
0488 773 535

Community lawyers and advocates voice strong support for royal commission on youth detention

Community lawyers and advocates have strongly supported calls for a royal commission following revelations of young people held in isolation and severely mistreated in detention in the Northern Territory.

They say the inquiry must focus on solitary confinement, the use of restraints, the practice of remand, and the over-representation of Aboriginal and Torres Strait Islander young people in youth detention.

‘Last night’s Four Corners program was shocking, but it’s important to recognise that solitary confinement is damaging and abhorrent in itself, before we even consider the further abuse detailed in the program. It breaks the spirit, causes serious psychological and physical harm, and heightens the risk of self-harm and suicide,’ said Tiffany Overall, convenor of Smart Justice for Young People, today.

‘Solitary confinement should be banned. Children require support to rehabilitate, not punitive, barbaric responses. Yet we know that solitary confinement is used for behavioural management in all states and territories,’ she said.

In addition to the royal commission, Overall called on the Federal Government to ratify the Optional Protocol to the Convention Against Torture (OPCAT), which Australia signed in 2009, to enhance commitment to independent monitoring, oversight and investigation of the treatment of children and young people in detention in Australia.

The Federation of Community Legal Centres has also strongly backed a royal commission and swift action to protect children and young people, but warns the circumstances revealed in last night’s report may not be confined to the Northern Territory.

‘Complementing the royal commission, all States and Territories need to take action and ensure accountability so that children are protected,’ said Serina McDuff, executive officer of the Federation, today.

‘Last night’s program underlines the risks of recent calls for increased use of incarceration as a simplistic response to youth offending in Victoria. It’s why we say it must be a last resort, and why we need the strongest possible scrutiny to ensure that when incarceration is used, it’s an opportunity for rehabilitation, not damage and abuse,’ McDuff said.

She said the Federation, through its Smart Justice project, would continue to advocate for alternatives to reduce incarceration, including rehabilitation, effective diversion and early intervention.

Download this media release (PDF)

For media comment

Tiffany Overall
0400 903 034

Serina McDuff
0451 411 479