English (pdf) - NSW Government

2015 kids in care The Children’s Court made a decision I am unhappy about: what can I do? 1 2 3

4

5 6

FINED OUT A practical guide for people having problems with fines

MNLA60916 Kids in Care 4.indd 1

The disclosure of personal and sensitive information in court can be a very traumatic experience for victims of sexual assault. To protect a victim’s privacy, there is a special legal rule called the Sexual Assault Communications Privilege.

So if you get a request, demand or subpoena for client records, stop and think before you act.

This rule restricts the release of confidential records, including counselling notes, case notes or doctor’s files, in many legal proceedings. It applies in all criminal and domestic violence cases.

or visit our website.

www.legalaid.nsw.gov.au/sacps LawAccess NSW 1300 888 529 [email protected]

Privacy is your priority. For more information contact SACPS

need immigration advice?

MNLA60433 / Sept 12

MNLA60109 fined out book.indd 1

11/12/2014 1:20 pm

A catalogue of free publications from Legal Aid NSW www.legalaid.nsw.gov.au/publications

24/10/13 4:10 PM

This catalogue is designed for organisations who order and maintain stocks of our publications.

The titles in this catalogue replace the previous version. If you have any Legal Aid NSW publications that do not appear in this catalogue, it means they are out of date and should be disposed of. If you need to replace any, or wish to order new publications, please use our online ordering system at:

www.legalaid.nsw.gov.au/publications

If you have any questions about this catalogue, call 9219 5028 or email: [email protected] These publications are intended as a general guide to the law. They should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation. Legal Aid NSW also has other online resources you can download and audio files you can listen to. Visit www.legalaid.nsw.gov.au For more information about the law and referrals contact LawAccess NSW on 1300 888 529.

Follow us on: www.twitter.com/LegalAidNSW Like us on: www.facebook.com/LegalAidNSW Watch us on: www.youtube.com/legalaidnsw

Helpful legal information can be found at our website:

www.legalaid.nsw.gov.au

LEGAL AID NSW 2015 CATALOGUE

Understanding this catalogue

Brochure title Cover of brochure

Do you have a legal problem?

The covers of all current publications appear for easy referencing and monitoring of stock.

 Free  Free  Help

advice & information workshops at court

MNLA60075 8pp DL DYHLP.indd 1

30/01/14 3:29 PM

Number of pages and publication date

Do you have a legal problem? 12 pages | January 2014

Legal Aid NSW provides free legal advice and in some cases legal aid. This brochure outlines the type of help available and range of services. Translations

Aboriginal version This symbol indicates an Aboriginal version is available. Brochures for Aboriginal people can be found on pages 8–9.

Arabic Bengali Burmese Chinese (Trad) Chinese (Sim) Croatian

Page numbers are indicated. The date is on the back of each brochure. Please refer to this date and destroy all publications earlier than the date listed in this catalogue. Brochure description

Translations Farsi Greek Hindi Indonesian Italian Khmer Korean Lao

Macedonian Russian Serbian Spanish Tamil Thai Turkish Vietnamese

All brochures are in English, and some are also available in other languages where indicated.


Contents

Legal Aid NSW: General and specialist services

1

Money, Debt and Fines

2

Domestic violence

3

Families, relationships and children

4

Government and Rights

5

Bookmarks

5

Courts, Police and Crime

6

Older people

7

Aboriginal people

8

Insurance claims: floods and fire

9

Employment

9

Posters and cards

10

Young people

11

Traffic and driving

12


Legal Aid NSW: General and specialist services

advice & information workshops  Help at court  Free

MNLA60075 8pp DL DYHLP.indd 1

30/01/14 3:29 PM

WELCOME TO LEGAL AID NSW

We can help you with your legal problem

DVD | September 2013

12 pages | January 2014

Legal Aid NSW provides free legal advice and in some cases legal aid. This brochure outlines the type of help available and range of services.

w www.legalaid.nsw.gov.au

MNLA90002 Welcome to legal aid DVD cover.indd 1

3/09/13 3:25 PM

Do you need an interpreter?

Mental Health Advocacy Service

Translating and Interpreting Service. (TIS) provides free interpreters if you do not speak English. TIS can help you talk to us in your language. Call TIS on 131 450. If you have a speech or hearing impairment, call the National Relay Service on 133 677 or LawAccess NSW on TTY 1300 889 529.

Legal Aid family lawyers, located at all Legal Aid NSW offices can also assist with child support and a referral to the Child Support Service. Bankstown Civic Tower, Level 8 Cnr Rickard Rd & Jacobs St Bankstown 2200 Tel: 9707 4555

Lismore Level 4, 29 Molesworth St Lismore 2480 Tel: 6621 2082

Penrith 95 Henry St Penrith 2750 Tel: 4732 3077

Liverpool Level 4, Interdell Centre 47 Scott St Liverpool 2170 Tel: 9601 1200

Contact us

Campbelltown Level 4, 171-179 Queen St Campbelltown 2560 Tel: 4628 2922

If you need more help. contact LawAccess NSW on 1300 888 529. Order brochures online at: www.legalaid.nsw.gov.au/publications or email: [email protected] or call: 9219 5028.

Coffs Harbour 41 Little St Coffs Harbour 2450 Tel: 6651 7899

For more information about Legal Aid NSW services: www.legalaid.nsw.gov.au

Dubbo 64 Talbragar St Dubbo 2830 Tel: 6885 4233 Fairfield Level 2, Fairfield Chase 25 Smart St Fairfield 2165 Tel: 9727 3777

MNLA60251

Manly Ground Floor 39 East Esplanade Manly 2095 Tel: 9977 1479

Newcastle 51–55 Bolton St Newcastle 2300 Tel: 4929 5482 Nowra 55-57 Berry St Nowra 2541 Tel: 4422 4351

Orange Suite 4, 95 Byng Street Orange 2800 Tel: 6362 8022

(Cnr Castlereagh and Hay Sts. see map) Office hours: 9am-5pm

Regional Areas:

We visit country areas on a regular basis.

Sydney Ground Floor 323 Castlereagh St, Sydney 2000 Tel: 9219 5000

Contact Central Sydney for further details. Email: [email protected]

Tamworth Level 1, 424-426 Peel St Tamworth 2340 Tel: 6766 6322 Wagga Wagga Ground Floor Best Place, Morrow St Wagga Wagga 2650 Tel: 6921 6588

Fax: (02) 9219 5145

Write to us at:

This brochure is available in Arabic, Chinese, English, Farsi, Korean, Spanish, Turkish and Vietnamese.

Veterans’ Advocacy Service Legal Aid NSW

Copies are available from Publications, Legal Aid NSW on 02 9219 5028 or the Child Support Service on 02 9633 9916. You can also order online: www.legalaid.nsw.gov.au/pubsonline

Wollongong Ground floor, 73 Church St Wollongong 2500 Tel: 4228 8299

PO Box K847, Haymarket NSW 1238

Photos: Dani Pontes

Arabic Chinese (Trad) Chinese (Sim) Farsi

Spanish Turkish Vietnamese

Prisoners Legal Service

Central Sydney

Regional

323 Castlereagh Street Haymarket 2000 Ph: 02 9219 5000 TTY: 02 9219 5126

Coffs Harbour Ph: 02 6651 7899

Metropolitan

Gosford Ph: 02 4324 5611

Bankstown Ph: 02 9707 4555 Blacktown Ph: 02 9621 4800

4 pages | August 2012

Burwood Ph: 02 97476155 TTY: 02 9747 0214 Campbelltown Ph: 02 4628 2922

Dubbo Ph: 02 6885 4233

Lismore Ph: 02 6621 2082 Newcastle Ph: 02 4929 5482 Nowra Ph: 02 4422 4351 Orange Ph: 02 6362 8022 Tamworth Ph: 02 6766 6322

This brochure explains how this specialist service can help people in gaol. Contains information in Arabic, Chinese (Trad), Korean, Indonesian, Spanish and Vietnamese. Fairfield Ph: 02 9727 3777 Liverpool Ph: 02 9601 1200

Parramatta – Family and Civil Law Ph: 02 9891 1600

Parramatta – Criminal Law Ph: 02 8688 3800 TTY: 02 9687 7538

(Please attach more paper if you need it)

We value your feedback!

Wollongong Ph: 02 4228 8299

compliments

Office Hours

Penrith Ph: 02 4732 3077

Central Sydney:

Sutherland

All other offices:

Ph: 02 9521 3733

9.00am to 5.00pm

Thank you for your feedback

tell us what you think…

Wagga Wagga Ph: 02 6921 6588

suggestions

8.30am to 5.30pm


SEPT 2014

complaints MNLA60202

ty Legal Centre Cross) 9332 1966

rie Legal Centre 77

Children’s Legal Service

ville Legal Centre 899

l Children’s and Youth ntre 9385 9588

ont Youth Legal Centre ghurst) 9360 1847

Workers: call your local

The Law Society of NSW can refer young people to private lawyers in Sydney: 9926 0300. Alcohol and Drug Information Service: Provides 24 hour telephone advice, information and referral 9361 8000. Outside Sydney Metro Area Freecall: 1800 422 599

Contact us: Sydney (Bidura):

legal centres can also ung people 0 10 18 10 (9am–5pm) to closest centre.

ess NSW can refer people to private lawyers Sydney: 1300 888 529

9219 5120

Broadmeadow & Wyong: 4628 2922 Campbelltown:

4929 5482

Parramatta & Woy Woy: 8688 3800 Newcastle:

429 5482

Sutherland:

9521 3733

CHILDREN’S LEGAL SERVICE

Download our book ‘Get Court Smart’ which has loads of information on what to do if you’re going to court at:

www.legalaid.nsw.gov.au/publications

RIGINAL CONTACTS

original people who are taken into police custody are legally d to speak immediately to a lawyer from the Aboriginal Legal e. All police stations have been supplied with the number, can be called 24 hours a day, seven days a week. For other ons about the law, Aboriginal people should call 9318 2122 working hours.

e who is under 18 and cannot contact the Aboriginal Legal e can call the Legal Aid Youth Hotline on 1800 10 18 10.

ga Baiya (Aboriginal Women’s Legal Centre) assists young inal people. Call 9569 3847 or 1800 686 587 (outside Sydney).

Helping young people in trouble with the law

ed by the Publications Unit of Legal Aid NSW. For copies email: [email protected] or ring 9219 5028. Also available at www.legalaid.nsw.gov.au/publications

ore information about Aid NSW services:

4

8hildrens Legal Service.indd 2

www.legalaid.nsw.gov.au MNLA60138

9/12/2014 11:18 am

GOULBURN ST

ST

CAMPBELL ST

BELMORE PARK

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EDDY AVE

CENTRAL STATION

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Veterans’ Advocacy Service Legal Aid NSW 323 Castlereagh St, Haymarket NSW (Cnr Castlereagh and Hay Sts)

Tel: (02) 9219 5148 Fax: (02) 9219 5145

need immigration advice? TALK TO US …

4 pages | December 2014

Legal Aid NSW provides children’s lawyers to advise and represent children and young people in criminal cases in the Children’s Courts. This brochure outlines the services provided, including help at court, in detention centres and over the phone.

Veterans’ Advocacy Service 6 pages | December 2010

This brochure explains how advocates can help veterans and their dependants with advice and representation.

Korean Spanish Turkish Vietnamese

Tell us what you think 6 pages | September 2014

This brochure explains how you can provide compliments, suggestions and complaints about our services and staff.

LOREM IPSUM Tin ullum quamcons augait, sustrud min et, consed diamBorIm dui blamErci

Law for everyday life DVD | July 2012

An introduction to civil law for community workers. The DVD explains how to spot a civil law problem and where help is available. Running time: 6 min. This DVD has English captions for people who are deaf or hearing impaired.

Need immigration advice? 4 pages | August 2014

This brochure outlines Legal Aid NSW immigration services, types of visas we can help with, and a list of locations from which our lawyers give legal advice. Translations Arabic Chinese (Trad)

Advice • Assistance • Representation

Dec 2010

Italian Vietnamese

22/12/10 10:29 AM

18/09/2014 4:25 pm

NEW!

Veterans’ Advocacy Service

Legal aid for veterans, defence force personnel and their dependants

HAY ST


Feedback brochure4.indd 1-3

HER USEFUL NUMBERS

RD

Translations

3. What are your comments? Please tell us what you would like to happen.

14/08/12 11:05 AM

LEGAL AID

FO

Vets brochure 10.indd 2

Arabic Chinese (Trad) Farsi Korean

MLA60101 Prisoners Legal Service.indd 2

OX

Copies of this brochure are available by ringing the Publications Unit on 02 9219 5028 or the Veterans’ Advocacy Service on 9219 5148. It is also available from www.legalaid.nsw.gov.au/pubsonline

Translations

How our lawyers can help you

MUSEUM STATION

Web: www.legalaid.nsw.gov.au

November 2009

4/06/14 5:57 PM

Prisoners Legal Service

HYDE PARK

LIVERPOOL ST

This brochure explains how the Child Support Service can help both paying and carer parents with child support matters.

A service for people with child support problems

Sutherland Ground Floor 3-5 Stapleton Ave, Sutherland 2232 Tel: 9521 3733

14/07/2014 2:54 pm

Where we are

6 pages | March 2011 If you are coming to visit us, please see Central Sydney reception on the ground floor at 323 Castlereagh St. Haymarket NSW 2000

Arabic Chinese (Sim) Greek

MNLA60217 QYSAL.indd 2

Sydney: (02) 9219 5148 or 12550 (reverse charges) for advice, enquiries and appointments.

Child Support Service

Answers the 10 most commonly asked questions about dealing with private lawyers. Translations


Family law Child Support

This brochure outlines how this specialist service can provide legal advice and assistance about mental health law.

At the time of printing, the information shown is correct but may be subject to change.

JUNE 2014

Parramatta Level 5, 91 Phillip St Parramatta 2150 Tel: 9633 9916

4 pages | May 2014 Burwood Level 4, 74-76 Burwood Rd Burwood 2134 Tel: 9747 6155

This brochure is available in Arabic, Chinese (Traditional), Farsi, Korean, Spanish, Turkish and Vietnamese.

A60251.indd 1

Gosford Level 2, 37 William St Gosford 2250 Tel: 4324 5611

Dinka Karen Pushto Rohingya Somali Swahili Tigrinya

4 pages | July 2014

If legal aid is not available to you and you are looking for help from a private lawyer, you should read this first.

Translations

Macedonian Russian Serbian Spanish Tamil Thai Turkish Vietnamese

Mental Health Advocacy Service Blacktown Level 2, Kildare Court 13 Kildare Rd Blacktown 2148 Tel: 9621 4800

Legal help and advice about mental health matters

Mental Health Advocacy Service Level 4, 74–76 Burwood Road Burwood NSW 2134 Telephone: 9745 4277

Farsi Greek Hindi Indonesian Italian Khmer Korean Lao

Questions you should ask your lawyer

QUESTIONS

you should ask your lawyer

DVD about legal rights for newcomers to Australia. Running time: 20 min. Amharic Arabic Burmese Chin Hakka Chinese Dari/Farsi

Translations Arabic Bengali Burmese Chinese (Trad) Chinese (Sim) Croatian

Welcome to Legal Aid

CASTLEREAGH ST

 Free


ELIZABETH ST


Farsi Vietnamese

Resources for Aboriginal people appear on page 8.


1

Money, Debt and Fines Are you being squeezed for a debt? NEVER IGNORE A FINE It may seem overwhelming but you can always do something about it.

Are you having problems with fines?

Need help? Legal Aid NSW

◆◆ Go to our website www.legalaid.nsw.gov.au or phone LawAccess NSW for your nearest Legal Aid office

LawAccess NSW – 1300 888 529

Fined Out (4th edition) is a free handbook that helps people deal with fines, explaining the fine enforcement process and the options available for addressing fines. It provides links to SDR forms and other publications, and has sample letters and a contacts list for more help.


◆◆ Provides legal information, referrals and in some cases advice over the phone: www.lawaccess.nsw.gov.au

16 pages | March 2015

Community Legal Centres ◆◆ Free legal advice and assistance. To find your nearest centre call 9212 7333 or go to: www.clcnsw.org.au

Credit and Debt Hotline

This brochure is intended as a general guide to the law. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation. At the time of printing, the information shown is correct but may be subject to change. For more information, contact LawAccess NSW on 1300 888 529.

For more copies of this brochure, order online at: ◆◆ www.legalaid.nsw.gov.au/publications/ order-a-publication and select the topic ‘Money, Debt and Fines’.

This brochure explains what you can do about court fines and penalty notices.

◆◆ www.financialrights.org.au

State Debt Recovery

◆◆ Penalty notices: 1300 138 118 ◆◆ Enforcement Orders: 1300 655 805 ◆◆ Work and Development Order Hotline: 1300 478 879 ◆◆ www.sdro.nsw.gov.au This brochure is available in Arabic, Chinese, Farsi, Korean, Spanish, Turkish and Vietnamese.

Translating and Interpreting Service (TIS)

Provides free interpreters if you do not speak English. TIS can help you talk to LawAccess NSW in your language. Call TIS on 131 450.

TTY or NRS

If you are hearing/speech impaired, you can contact us on TTY 9219 5126 or through the National Relay Service (NRS) on 133 677.

Illustration: Carolyn Ridsdale.

◆◆ www.legalaid.nsw.gov.au/publications/ order-a-publication and select the topic ‘Money, Debt and Fines’.


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THE

MORTGAGE

STRESS

HANDBOOK


a practical guide for people having trouble with their mortgage

For more information about Legal Aid NSW services:

Mortgage Stress Handbook cover.indd 1

29/03/11 11:38 AM

or contact the Publications Unit, Legal Aid NSW on 9219 5028.

Translations

MNLA60110 August 2014

There’s a better way than payday loans 2 pages | February 2013

There’s a better way than Payday

This brochure helps those who have expensive, short term loans that are hard to repay.

loans

Do you have an expensive, short term loan that is hard to repay? You can do something about it

For Help

:

call the and Deb Credit 1800 80 t Hotline on www.leg 8 488 or visi ala t and sea id.nsw.gov.au rch ‘pay day’

Mortgage Stress Handbook 3rd Ed.

◆◆ 1800 808 488

Free financial counsellors

There are several steps you can take after you receive a Letter of Demand from a person saying you owe them money. This brochure explains all your different options and takes you through the process step by step. You can order the handbook online from Publications, Legal Aid NSW:

Are you having problems with fines?

Arabic Chinese (Sim) Farsi Korean

There’s a better way than Payday loans


For Help

:

call the and Deb Credit 1800 00 t Hotline on www.leg 7 007 or visi ala t and sea id.nsw.gov.au rch ‘pay day’

This handbook explains your options, has sample documents you can use and a list of useful contacts.


There’s a better way than payday loans

Are you having problems with your home mortgage?

Are you having problems with your

home mortgage?

4 pages | February 2013

there are things you can do


This brochure helps those who have expensive, short term loans that are hard to repay.

There are things you can do. This brochure has helpful information for people having problems with their mortgage. Translations Arabic Chinese (Trad) Farsi Korean

NEW!

WDO DVD LABEL

WDO

Work and Development Orders breaking the cycle of fine debt www.legalaid.nsw.gov.au

© Legal Aid NSW 2012

C M Y K

Work & Development Orders

Work & Development Orders

This DVD shows you how to help clients break the cycle of fine debt by becoming a WDO sponsor.

This brochure shows you how to help clients break the cycle of fine debt by becoming a WDO sponsor.

DVD | July 2012

Running time: 12 minutes

Ask here about

Work and Development Orders

• Clear your fines debt • Get your licence back • Make a fresh start Free legal help LawAccess NSW 1300 888 529 WDO hotline 1300 478 879 June 2013

2

MNLA60388

Aimed at assisting young people, this resource is for organisations and health practitioners that sponsor Work and Development Orders assisting young people to clear fines debt.

• Get advice about your rights It is never too early or too late to get advice. Please see below for details about where to get help. • Negotiate Talk to your lender about changing or reducing your payments for a period of time.

Where you can find help: LawAccess NSW Provides free telephone legal information, advice and referrals to other services, including to your nearest Legal Aid NSW office www.legalaid.nsw.gov.au Tel: 1300 888 529 TTY: 1300 889 529 www.lawaccess.nsw.gov.au Consumer Credit Legal Centre A Community Legal Centre that provides free legal advice, assistance and online resources: Tel: 1800 808 488 www.cclcnsw.org.au Credit and Debt Hotline For free financial counselling over the phone or to find a financial counsellor in your area: Tel: 1800 808 488 www.cclcnsw.org.au www.fcan.com.au JAN 2014

MNLA60437

January 2014 Trouble making your home loan payments because you have separated from your partner?

There are things you can do: • Get advice about your rights It is never too early or too late to get advice. Please see below for details about where to get help. • Negotiate Talk to your lender about changing or reducing your payments for a period of time. • Lodge with the EDR You can complain to an External Dispute Resolution (EDR) scheme if you and your lender cannot agree on a solution. EDR is free and user-friendly. Depending on which EDR scheme your lender is in, you can lodge a complaint with either the Financial Ombudsman Service (1300 780 808, www.fos.org.au) or the Credit Ombudsman Service (1800 138 422, www.cosl.com.au) Once you are in the EDR, the lender cannot take any legal action against you about the money you owe until the dispute is finalised.

This DVD has English captions for people who are deaf or hearing impaired.

1 page | June 2013

There are things you can do:

• External Dispute Resolution You can complain to an External Dispute Resolution (EDR) scheme if you and your lender cannot agree on a solution. EDR is free and user-friendly. Depending on which EDR scheme your lender is in, you can lodge a complaint with either the Financial Ombudsman Service (FOS) or the Credit Ombudsman Service (COSL). Once you have lodged a complaint with FOS or COSL the lender cannot take any legal action against you about the money you owe until the dispute is finalised. To find out which EDR scheme your lender is in contact: FOS on 1300 780 808 www.fos.org.au or COSL on 1800 138 422 www.cosl.com.au

16 pages | November 2013

OFFSET BASE: 3A WHITE

Can’t pay your fines?

Are you having trouble paying your home loan because you have lost your job?

Where you can find help: LawAccess NSW Provides free telephone legal information, advice and referrals to other services, including to your nearest Legal Aid NSW office www.legalaid.nsw.gov.au Tel: 1300 888 529 TTY: 1300 889 529 www.lawaccess.nsw.gov.au Consumer Credit Legal Centre A Community Legal Centre that provides free legal advice, assistance and online resources: Tel: 1800 808 488 www.cclcnsw.org.au Credit and Debt Hotline For free financial counselling over the phone or to find a financial counsellor in your area: Tel: 1800 808 488 www.cclcnsw.org.au www.fcan.com.au APR 2014

MNLA60438

April 2014

Mortgage Stress Family Law flyer A4.indd 1

Can’t Pay Your FINES? Ask here about

Work and Development Orders

• Clear your fines debt • Get your licence back • Make a fresh start Free legal help

LawAccess NSW 1300 888 529 WDO hotline 1300 478 879

June 2013

WDO Generic flier.indd 1


MNLA60389

30/07/13 12:14 PM


6/06/2014 10:17 am


1 page | June 2013

This resource is for organisations and health practitioners that sponsor Work and Development Orders assisting clients to clear fines debt.


Are you having trouble paying your home loan because you have lost your job or have separated? These 1 page fliers have helpful information for people having problems with their mortgage, either due to job loss or relationship breakdown. Translations Arabic Chinese (Trad) Vietnamese

Fined out 4th ed.

68 pages | September 2014

MNLA60109 fined out book.indd 1

11/12/2014 1:20 pm

A practical guide for people having problems with fines.

Domestic violence So you want the violence to stop Advice about domestic violence and help at court.

DOMESTIC VIOLENCE

So you want the violence to stop

Where to get help

MORE INFORMATION AND HELP

LOCAL CONTACTS

Police . . . . . . . . . . . . . . . . 000 (112 from mobiles)

Women’s Domestic Violence Court Advocacy Service

Family and Community Services Domestic

Violence Line (24 hours, 7 days) . . . 1800 656 463 TTY . . . . . . . . . . . . . . . . . . . . . . 1800 671 442

Kids Helpline . . . . . . . . . . . . . . . . . . 1800 551 800 Women’s Legal Services Domestic Violence Advice

Line (within Sydney). . . . . . . . . . . . . . 8745 6999

TTY. . . . . . . . . . . . . . . . . . . . . . 1300 889 529 for information about your AVO or to find your nearest WDVCAS Safe Relationship Project (Same Sex, Transgender,

Intersex) . . . . . . . . . . 9332 1966 or 1800 244 481

This service helps women and children to get information about domestic and family violence, and support women and children before, during and after the court process for obtaining an ADVO. You can contact your local WDVCAS by calling LawAccess NSW on 1300 888 529.

Police Domestic Violence Liaison Officer Local Court

Domestic Violence Practitioner Scheme (DVPS)

Court dates

For copies visit www.legalaid.nsw.gov.au/publications

Advice about These are lawyers paid by Legal Aid NSW who have expertise in domestic and family violence. They can domestic help you with an ADVO matter and provide advice and violence and referrals for other legal problems such as family law, victims compensation or debt. The DVPS only operates in help at court some Local Courts. Contact your local WDVCAS or call

or email: [email protected]

Who else can help?

or call 9219 5028.

JAN 2013

LawAccess NSW 1300 888 529 or TTY 1300 889 529 A telephone service which provides free information, referral and in some cases legal advice. LawAccess NSW can also assist with details of Local Courts and a local WDVCAS service. Visit www.lawaccess.nsw.gov.au 29/01/13 2:18 PM Domestic Violence Legal Advice Service 8745 6999 or 1800 810 784 A specialised legal service for women experiencing domestic violence. It provides information to women on their legal rights and their right to access available services. Visit www.womenslegalnsw.asn.au Community Legal Centres NSW 9212 7333 Call to find the contact details for your nearest Community Legal Centre.Visit www.clcnsw.org.au Women’s Legal Service NSW 8745 6900 A community legal centre which provides women with a range of free legal services. Visit www.womenslegalnsw.asn. au Indigenous Women’s Legal Contact Line 1800 639 784 or 8745 6977 Provides free legal information, advice and assistance to Aboriginal and Torres Strait Islander women.

MNLA60184


Legal Aid NSW funds 28 Women’s Domestic Violence Court Advocacy Services. This brochure outlines how these services assist women to apply for an Apprehended Domestic Violence Order and how women can stop the cycle of abuse.

Domestic Violence

Information for applicants and persons in need of protection Are you applying for an AVO?

Are the police applying for an AVO to protect you?

Apprehended Violence Orders—information for applicants and persons in need of protection

Advice about your visa if you’ve been hurt or harmed by your partner

Your partner cannot cancel your visa

7/02/13 10:02 AM

Courts can make orders to protect you from a person who has been violent towards you. This brochure explains how you can get an order and what happens in court.

legal aid nsW


aboriginal legal service

www.alsnswact.org.au

Community legal Centres 9212 7333 law society of nsW 9926 0333

doMestIC VIolenCe offenCes information for defendants

www.nswclc.org.au

www.lawsociety.com.au

family Relationship advice line 1800 050 321 www.familyrelationships.gov.au Relationships australia Mediation service 1300 364 277 www.nsw.relationships.com.au need an interpreter? If you have difficulties communicating in English, phone the Translating and Interpreting Service (TIS) on 13 14 50 and ask them to call LawAccess NSW. hearing/speech impaired? If you are hearing/speech impaired, you can communicate with us by calling the National Relay Service (NRS) on 133 677.

haVe you been charGed With a domestic Violence offence? A domestic violence offence includes any form of assault, intimidation, stalking or contravening an Apprehended Domestic Violence Order (ADVO) committed against a person with whom you have, or have had, a domestic relationship. A domestic relationship includes a marriage; a de facto relationship; an intimate personal relationship; a relative, dependent care relationship such as carer and cared for person, persons who live or lived in the same residential facility and sometimes your extended family or others with whom you live or have lived and in the case of Aboriginal Persons or Torres Strait Islanders is or has been part of an extended kinship or family.

What should you do? Domestic violence charges should be taken very seriously. It is a good idea to get legal advice as soon as you can. Please see the back of this brochure for details of some of the places where you may seek legal advice.

More copies can be ordered online at www.legalaid.nsw.gov. au/publications or email [email protected] or call 9219 5028.

is leGal aid aVailable?

This publication is intended as a general guide to the law. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation.

Legal aid may be available to assist you if you qualify under our means test. You may telephone your nearest Legal Aid NSW office to make an appointment to see a solicitor. You may also check our means test indicator on our website: www.legalaid. nsw.gov.au.


What happens When you Go to court?

For more information contact LawAccess NSW on 1300 888 529.

Oct 2012

MNLA60200

When you go to court you should be given a copy of the Police Fact Sheet, the statement of the person making the complaint against you and photographs of any injuries to that person. You will be asked to tell the court whether you are pleading Guilty or Not Guilty. You should get some legal advice before making this decision. You are entitled to an adjournment of seven days to get advice. Serious penalties, including imprisonment, may apply.

29/04/13 1:36 PM

Domestic violence offences 6 pages | October 2012

This brochure provides information for defendants who have been charged with a domestic violence offence, and what happens at court.

If you have a speech or hearing impairment, call the National Relay Service on 133 677 or LawAccess NSW on TTY 1300 889 529.

Translating and Interpreting Service (TIS) provides free interpreters if you do not speak English. TIS can help you talk to us in your language. Call TIS on 131 450.

This publication is intended as a general guide to the law. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation. At the time of printing, the information shown is correct but may be subject to change. If you need more help, contact LawAccess NSW on 1300 888 529. Order brochures online at www.legalaid.nsw.gov.au/ publications or email [email protected] or call 9219 5028.

This brochure is available in Arabic, Chinese Simplified and Vietnamese.

BANkSTowN Level 8, Civic Tower Cnr Rickard Rd & Jacobs Sts BANKSTOWN 2200 Tel: 9707 4555 BLACkTowN ‘Kildare Court’ Level 2 13-17 Kildare Rd BLACKTOWN 2148 Tel: 9621 4800

pENRiTh 95 Henry St PENRITH 2750 Tel: 4732 3077 SuThERLAND 3–5 Stapleton Ave SUTHERLAND 2232 Tel: 9521 3733

Is someone asking the court to make an AVO against you? Information for defendants

APPREHENDED VIOLENCE ORDERS (AVO) This brochure helps explain some of the legal terms which are used in court and the consequences of an order being made.

Are you experiencing domestic violence?

NEwCASTLE 51–55 Bolton St NEWCASTLE 2300 Tel: 4929 5482 NowRA Suite 2, Level 2 59 Berry St NOWRA 2541 Tel: 4422 4351 oRANgE 95 Byng St ORANGE 2800 Tel: 6362 8022

TAMwoRTh Level 1 REgioNAL BuRwooD 424–426 Peel St offiCES Level 4 TAMWORTH 2340 74–76 Burwood Rd CoffS hARBouR Tel: 6766 6322 BURWOOD 2134 41 Little St Tel: 9747 6155 wAggA wAggA COFFS HARBOUR 2450 Ground floor, CAMpBELLTowN Tel: 6651 7899 74–76 Fitzmaurice St Level 4 WAGGA WAGGA DuBBo 171–179 Queen St 2650 CAMPBELLTOWN Tel: 6921 6588 64 Talbragar St 2560 DUBBO 2830 woLLoNgoNg Tel: 4628 2922 Tel: 6885 4233 73 Church St fAiRfiELD goSfoRD WOLLONGONG Level 2 2500 Level 2 Tel: 4228 8299 25 Smart St 37 William St FAIRFIELD 2165 GOSFORD 2250 Tel: 4324 5611 Tel: 9727 3777

Are you experiencing domestic violence?

How Legal Aid NSW can help you

LivERpooL Level 4 Interdell Centre 47 Scott St LIVERPOOL 2170 Tel: 9601 1200

FEB 2013

MNLA60102

Advice about your visa if you’ve been hurt or harmed by your partner 2 pages | September 2012

Arabic Assyrian Bengali Chinese (Sim) Dari/Farsi Hindi Indonesian

Arabic Chinese (Trad) Vietnamese

lawaccess nsW 1300 888 529 www.lawaccess.nsw.gov.au Information, referral and in some cases, advice.

Criminal Law Parramatta Justice Precinct Level 1, 160 Marsden St PARRAMATTA 2150 Tel: 8688 3800

Family law Domestic and family violence

LiSMoRE Level 4 29 Molesworth St LISMORE 2480 Tel: 6621 2082

Translations

Translations

helpful contacts

METRopoLiTAN offiCES

pARRAMATTA Civil & Family Law Level 5, 91 Phillip St PARRAMATTA 2150 Tel: 9891 1600

Information on spouse visas and family violence. This flyer provides information on where to get advice about spouse visas if you’ve been hurt or harmed by your partner.


MNLA60168 Information for applicants.indd 1

CENTRAL SYDNEY 323 Castlereagh St SYDNEY NSW 2000 Tel: 9219 5000 TTY: 9219 5126

This wallet card provides contact details for Women’s Domestic Violence Court Advocacy Services which help women to get protection from domestic violence.

LawAccess NSW on 1300 888 529 for more information.

Translating & Interpreting Service (TIS) . . . 131 450

Women’s Domestic Violence Court Advocacy Services are funded by Legal Aid NSW

Wirringa Baiya Aboriginal Women’s Legal Centre 9569 3847 or 1800 686 587 A community legal centre for Aboriginal women, children and young people living in NSW which provides free legal information, advice and assistance.Visit www.wirringabaiya.org.au Local Court Chamber Service They can help prepare an application for an Apprehended Domestic Violence Order. Check www.lawlink.nsw.gov.au for Local Court contact details, or call LawAccess 1300 888 529. Child Support Agency 131 272 Administers the Child Support Scheme and provides information and support to separated parents about child support. Domestic Violence Line 1800 656 463 24 hours 7 days. Provides telephone counselling, information and referrals for people who are experiencing or have experienced domestic violence. Family Relationships Online and Family Relationship Centres 1800 050 321. Provides all families (whether together or separated) with information services that can assist them to manage relationship issues, including agreeing on appropriate arrangements for children after parents separate. www.familyrelationships. gov.au

Wallet card | January 2013

Other services

MNLA60184 WDVCAP wallet card.indd 2

Advice about domestic violence and help at court

Legal Aid NSW Offices

Women’s Domestic Violence Court Advocacy Services (WDVCAS)

Police

Outside Sydney (Rural Free Call Line) 1800 810 784

LawAccess NSW . . . . . . . . . . . . . . . 1300 888 529


Domestic violence services funded by Legal Aid NSW

TTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106


Khmer Korean Spanish Tagalog Thai Vietnamese


This brochure explains how Legal Aid NSW can help you if you are experiencing domestic or family violence. Translations Arabic Chinese (Sim) Vietnamese

Legal Issues for Older People

Are you experiencing violence or abuse? You can make it stop

Everyone has a right to live in a respectful and safe environment. Some people do not feel safe. They may experience violence or abuse from a partner, another family member or other person who lives in their home or residential facility. They may experience abuse from a neighbour, or a carer who is meant to be looking after them.

4 pages | June 2011

There are things you can do to protect yourself from violence or abuse.

MNLA90131Olders Abuse 2013.indd 1

Are you experiencing violence or abuse? You can make it stop

25/02/13 3:10 PM

This brochure explains what you can do if you are an older person who is experiencing violence or abuse from a partner, another family member or other person who lives in your home or residential facility, or a neighbour or carer. Translations Arabic Chinese (Trad) Greek

Italian Vietnamese

Is someone asking the court to make an AVO against you? Information for defendants 6 pages | September 2012


Translations Arabic Chinese (Trad) Vietnamese

This brochure explains what to do if the court has issued an order against you claiming you have been violent towards another person. Translations Arabic Chinese (Trad) Farsi Korean




3

Families, Relationships and Children What happens when your relationship ends?

Family law Frequently Asked Questions

What happens when your relationship ends?

Working out what’s best for my children


Answers to questions about your family, your children and your property.

Working out what’s best for my children

Family law Family dispute resolution


Good outcomes, better solutions, best for children

This booklet assists families in matters such as divorce, property, making arrangements for sharing children, and child support.

This brochure explains how legal aid conferences assist people to solve their family law dispute without going to court. FDR DL12pp 2012.indd 1

Translations Arabic Chinese (Trad) Farsi Korean

My ex-partner isn’t following the court orders about our children… What can I do?

Arabic Chinese (Sim) Farsi Korean

A resource kit for parents

My ex-partner has taken our children without my permission… What can I do?

12 pages | June 2011

You may be a grandparent who is concerned about your grandchild’s safety or well-being. Or you may have been stopped from seeing your grandchildren and would like to know what you can do about it.

This brochure explains what legal options you have if you are a grandparent who is raising grandchildren, denied contact with grandchildren or if you are concerned about your grandchildren’s welfare.


NEW!

My ex-partner has taken our children without my permission. What can I do?

TAKING ACTION TO GET

CHILD SUPPORT CHILD SUPPORT FACT SHEET


This 24 page self help guide is for people who already have court orders about parenting, including consent orders. It provides information about enforcing parenting orders.

11/02/14 9:50 AM

You may be a grandparent who is caring for or raising your grandchildren.

Translations

24 pages | February 2014 MNLA60114 my ex has isn't following.indd 1

Your legal questions answered

11/04/12 4:13 PM


My ex-partner isn’t following the court orders about our children. What can I do?

A resource kit for parents

MNLA60144 my ex has taken the kids.indd 1

10/02/14 3:10 PM

A self-help guide for parents taking action to recover their children.

LA Fact sheet 1.indd 2

NEW!

PATERNITY CHILD SUPPORT FACT SHEET


Community Services want to talk about my kids: what will happen?

4-12 pages | November 2015

1

A series of 6 brochures to help clients navigate the children’s court and children’s services.

kids in care

Translations

Going to the Children’s Court


Arabic Bengali Chinese (Sim) kids in care I want Things have changed and I do? my kids back: what can 1 2

3

4 5 6

Sometimes it is possible to have an arrangement for you to have telephone or other contact with your children. This will be set out in the contact order or the Care Plan. It is often possible for you to write to your children while they are in care. You usually have to send mail through Community Services who will send it to your children. You can send cards and letters at any time. You can include photographs

if you like. You can also ask to send presents on special occasions if for some reason you cannot attend face-to-face contact with your children. It is important to make sure these contact arrangements are written in the orders or Care Plan.

2 3 4 5 6

Dinka Farsi Kurindi

1

Swahili Tamil Thai Vietnamese

2

24/10/13 4:09 PM

3 4 5 6

kids in care kids in care kids in care kids in care What if Community Services are refusing to place my kids with my family?

If you feel your children are at risk and Community Services are not responding to your concerns, you

Services can decide where your children will live. The Children’s Court cannot tell Community Services where to place your children.

children, or you have difficulty communicating with Community Services, and you cannot resolve these concerns with your children’s caseworker or Manager Casework, you can make a complaint to the Community Services Complaints Line on telephone 1800 000 164.

should contact the Child Protection If the Minister for Community Aboriginal and Torres Strait Helpline on telephone 132 111. Services has parental responsibility If you have concerns about your Islander care for your children,children then Community and

If you want to have contact with your children it is very important that whoever has parental responsibility for your child knows how to contact you. If you move or if your telephone number changes, you must tell them.

1 2 3 4 5

Any member of your family can ask Community Services to authorise them as a carer. If Community Services refuse to do this, it may be possible for your family member to apply to the Administrative Decisions Tribunal to review Community Services’ decision.

It is very important to turn up to all of the contact visits with your children. If you miss contact visits and you do not have a Court order for contact, the person with parental responsibility may reduce the amount of contact visits you can have with your children.

If you have a family member or a friend interested in caring for your child and Community Services do not agree, ask your relative or friend to seek legal advice.

How often do I get to see my kids?

I have concerns about my kids in care: where do I go?

▲ During Court proceedings your contact can be quite regular. With young babies it can be (but is not always) more than once per week. With older children it can be weekly or fortnightly.

If you have a real concern that your children are not doing well in care, it is important that you speak to their caseworker as soon as possible.

▲ If the Court decides that your children are going to return home to you, your contact may increase until they are able to come back to you permanently. This is called restoration.

If you notice something that concerns you at a contact visit with your children, bring it to the attention of the contact supervisor and ask them to make a note about it. Make sure you follow up your concerns with the caseworker.

▲ If the Court decides that your children are not going to be returned to you, then your contact will usually be gradually reduced. ▲ How often you have contact depends a lot on your children’s individual circumstances – their age, their health, where they live, their routine, school hours, and various other things happening in their life.

6

▲ what you have done differently since your children were removed from your care, ▲ how your children have been

Will I have to go to a hearing?

Can I get a lawyer?

You will be given a chance to go to a confidential meeting called an ‘alternative dispute resolution’ or

children if the Court makes the orders you are seeking. Your case might be helped by evidence from people or organisations you have been working with to address your previous child protection issues, such as:

If you are still concerned, you can make a complaint to the NSW Ombudsman online at: www.ombo.nsw.gov.au

▲ certificates from parenting classes you have attended, and ▲ certificates for any drug or alcohol treatment programs you have completed.

Getting Legal Advice

limits), and Legal Aid’s ‘merits test’ (that your case has a reasonable prospect of success). If you do not qualify for legal aid, you may choose to pay a lawyer privately to represent you, or represent yourself.

You can find a lawyer by contacting:


▲ Aboriginal Legal Service: telephone 1800 733 233 or see www.alsnswact.org.au

4

▲ LawAccess NSW:

1 2

telephone 1300 888 529 or see 1 2 www.lawaccess.nsw.gov.au 3 5 6

6

24/10/13 4:09 PM

Things have changed and I want my kids back: what can I do?

▲ Legal Aid NSW: telephone 1800 551 589 or see www.legalaid.nsw.gov.au

3

4 5 6

kids in care

Going to the

Children’s 1

2

Court

3 4 5 6

▲ Aboriginal Legal Service: telephone 1800 733 233 or see www.alsnswact.org.au

to help clients navigate NSW child support services.

2

CHILD SUPPORT FACT SHEET

Manage Your own Divorce

2–4 pages | September 2014

Applying for a divorce – what to do

3

GOING TO THE

SOCIAL SECURITY APPEALS TRIBUNAL

APPLYING FOR

A STAY ORDER

4



5

1

Before you start

A series of four factsheets to help you if you cannot afford a private lawyer or wish to manage your own application for divorce. Topics: • Applying for divorce • Separation under the same roof • Serving your divorce documents • Divorce hearing

ASSESSMENT

22/08/2014 3:56 pm

Divorce factsheets

1 2

Have you been separated for 12 months or more? You and your spouse must have been separated for at least 12 months and there is no possibility of getting back together.

Were you married less than two years? divorce. If you do not want to attend counselling you can ask the court for

See the section below on

3

Do you know where your spouse is? If you do not know where your spouse is follow the Serving Your Divorce Documents – What to Do factsheet 3.

This fact sheet is one of four fact sheets about managing your own divorce. It provides basic information only and is not a substitute for legal advice. If you are likely to be involved in court proceedings or legal action, you should get advice from a lawyer. Lawyers can be consulted privately, through Legal Aid NSW or at Community Legal Centres.

Nov 2013

NEW!

Translations

Arabic Bengali Chinese (Trad) Farsi

For more information about hearings and agreements, see BOOKLET 2: Going to the Children’s Court.

Sometimes the people who provide these letters or certificates may be asked to give evidence in the proceedings.

▲ Legal Aid NSW: telephone 1800 551 589 or see www.legalaid.nsw.gov.au

5

1 2 3 4

▲ letters from doctors, counsellors or social workers about how well you are doing, including how often you have been attending these services,

The Ombudsman is an independent watchdog whose job is to make sure that agencies they watch over (including Community Services) fulfill their functions properly and improve their delivery of services to the public.

If all the parties cannot reach agreement, then there will need to be a hearing. You and the other parties will need to give evidence, and everyone will have a chance to tell the Magistrate what they say should happen. The Magistrate will then make the decision which the Magistrate believes is in the best interests of your children.

Finding a lawyer

Legal Aid NSW may be able to help you make a section 90 application. To be granted legal aid, you will

to show that you meetCourt made a decision Theneed Children’s Legal Aid’s ‘means test’ (that you are within the income and about: assets I am unhappy what can I do?

doing since they were removed, What happens when‘dispute myresolution kidsconference’ to see if you can reach agreement with ▲ what contact you have had with Community Services and the other your children, and are▲in care? parties about your children. what your plans are for the

4-12 pages | August 2014

TAKING ACTION TO DISPUTE APPLYING FOR LEAVE TO CHANGE YOUR

Translations

kids in care

Child support

1 A series of 5 brochures

22/08/2014 11:31 am

LA Fact sheet 2.indd 2

Kids in care

Are you a grandparent?

1 Legal Issues for Older People



▲ LawAccess NSW: telephone 1300 888 529 or see www.lawaccess.nsw.gov.au October13

October13

5

What happens when my kids are in care?

MNLA60917 Kids in Care 5.indd 5-7

6

What happens when my kids are in care?


bestforkids.org.au is a website for young people and families with questions about the law.

CLw

www.bestforkids.org.au

Legal information for young people and families.

MNLA60917 24/10/13 4:11 PM

5


MNLA60915 Kids in Care 3.indd 5-1

6

24/10/13 4:11 PM



MNLA60915 24/10/13 4:10 PM

24/10/13 4:10 PM

Best for kids

Family Law

Flyer/January 2015

Early Intervention Unit

Referral tools for the Best for Kids website, www.bestforkids.org.au, which has helpful information about family law for children and parents. See accompanying poster on page 10. Community Legal Education

We provide community legal education on family law and care and protection to community groups, workers and other professionals.

You can order publications at www.legalaid.nsw.gov.au/publications or email [email protected] or call 9219 5028.

Information and Referral services

This brochure is available in Arabic, Chinese, Farsi/ Dari, Korean, Spanish, Turkish, and Vietnamese.

We assist in connecting people with other lawyers in Legal Aid NSW, other Legal Aid NSW services, and Legal Aid court duty lawyers. We assist with referral to private lawyers, family mediation services and other community and government services.

A brochure about EIU services for Aboriginal people is also available. For more information about Legal Aid NSW services

Call the Family Law Early Intervention Unit for more information about our services on 1800 551 589 or email us at [email protected]

Translating and Interpreting Service (TIS) provides free interpreters if you do not speak English. TIS can help you talk to us in your language. Call TIS on 131 450

If you are hearing or speech impaired you can contact us by calling the National Relay Service (NRS) on 133 677

Resolving legal issues before they get serious

TTY 9219 5126 (Central Sydney) or TTY 9747 0214 (Burwood)

LawAccess NSW provides legal information, referrals and in some cases advice. Call 1300 888 529

4

Photo disclaimer: The people in these photos have no involvement with Legal Aid NSW

JUNE 2014

Early Intervention Unit 4 pages | June 2014

Information about the Legal Aid NSW Family Law Early Intervention Unit which assists people to resolve legal issues before they get serious.

MNLA60002


Translations Arabic Bengali Chinese (Trad) Chinese (Sim)


DE FACTO RELATIONSHIPS AND FAMILY LAW

Defacto relationships 6 pages | August 2014

This factsheet provides information about the laws affecting de facto couples, including same-sex relationships.

Government and Rights Disability Support Pension

Disabiity Support Pension

If you are hearing or speech impaired you can contact Legal Aid NSW on TTY 9219 5126 or through the National Relay Service (NRS) on 133 677. Translating and Interpreting Service (TIS) provides free interpreters if you do not speak English. TIS can help you talk to us in your language. Call TIS on 131 450. This publication is intended as a general guide to the law. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation. At the time of printing, the information shown is correct but may be subject to change. If you need more help, contact LawAccess NSW on 1300 888 529. More copies can be ordered online at www.legalaid. nsw.gov.au/publications or email publications@legalaid. nsw.gov.au or call 9219 5028.

Disability Support Pension


Do you want to claim DSP from Centrelink?

This brochure has information on how to claim a disability support pension and what to do if your claim has been refused including a sample letter to a doctor.

Has Centrelink stopped your DSP? Has your claim for DSP been refused?

Appealing to the Social Security Appeals Tribunal

Appealing to the Social Security Appeals Tribunal

Welfare Rights

A self-help guide for people who want to appeal against a Centrelink decision

CENTRE

SSAT Guide final.indd 1

4/11/11 10:13 AM

Need help with a Centrelink problem? 4 pages | January 2013

20 pages | July 2010

Free advice and assistance for people with Centrelink problems.

A self-guide for people who want to appeal against a Centrelink decision

Translation Arabic

What’s the law?

Discrimination Toolkit 3rd Ed.

This kit includes a DVD, student activity sheets and teacher notes. It covers 10 stories dealing with common legal issues experienced by recently arrived migrants and refugees.

Your guide to making a discrimination complaint. Available in Braille through the State Library of NSW.

Connecting human rights to everyday people 1 18/11/13 10:38 AM

topic/s Presented by Organisation Dated

What's the law certificate.indd 1

12/01/12 12:13 PM

This certificate of attendance can be given to students who have completed one or more topics from the What’s the law? community legal education package.

What is a section 32? 6 pages | October 2012

Designed to assist criminal lawyers when they are providing legal advice to clients about making a section 32 application under the Mental Health (Forensic Provisions) Act 1990.


This booklet provides information about the Legal Aid NSW Human Rights Committee and public interest human rights matters.

A4 Certificate | March 2012

For the completion of the What’s the Law?

Have you been involuntarily admitted to hospital?

12 pages | November 2013 MNLA60117 Human rights A5.indd 1

Presented to

Kit | January 2013


What’s the law?

Certificate of Attendance

Find out your rights and where to get help if you have been involuntarily admitted to hospital.

Bookmarks February 2015 Order publications online. &'V

3RVWHUV FINED OUT A practical guide for people having problems with fines

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July 2011 Aboriginal information.

December 2011 Legal Aid NSW internet and website information.



5

Courts, Police and Crime NEW!

Going to court

24 pages | May 2014

This booklet explains what to do if you have received a Court Attendance Notice for a criminal offence and have to go to a NSW Local Court. See accompanying poster on page 10.

Criminal law information

Written references about your good character can help your case in court. It is a good idea to obtain one or more references from people who “are of good reputation”. This means they do not have a criminal record or a bad reputation. These people may be neighbours, family friends, workmates, members of clubs or organisations you belong to (eg.community, sporting, religious, political or other groups). Each reference should be addressed either “To the Presiding Magistrate” or “To the Presiding Judge”. It should be: •

Neatly written or typed

•

Signed with the name of the person printed underneath with their address and occupation

•

Dated

Each reference should include the following: •

A statement from the person writing the reference that s/he is aware of the charges before the court

•

How long the person has known you

•

How the person knows you (eg. as an employer, workmate, priest, teacher, team member, family friend, flatmate, etc.)

•

The person’s opinion of your character

•

Anything which might help the court concerning your charges (eg. your general honesty, if it is a stealing charge; your general driving ability, if it is a drink driving charge.)

It will help your solicitor if you can provide the original reference to the court and a copy to your solicitor. If you are representing yourself, keep one and hand one up to the court. This brochure is available in Arabic, Chinese and Vietnamese. To order copies call 9219 5028 or visit: www.legalaid.nsw.gov.au/pubsonline

May 2010

Are you

Committals 0612 MNLA60177.indd 3

L A W

If you are facing a committal, you have been charged with a serious offence, which is unlikely to be finalised in the Local Court. A committal is a hearing in the Local Court before the charge is heard in the District Court or Supreme Court. In the committal hearing a Magistrate decides whether the prosecution has enough evidence for your case to be committed for trial, or sentence. If there is enough evidence and the case is serious enough, your case will be decided by a Judge and a jury in the District or Supreme Court. You do not have to enter a plea at the committal. However, if you plead guilty your matter will be committed for sentence unless the prosecution decides that it can stay in the Local Court. If you plead not guilty or enter no plea your matter will be committed for trial. If you have been granted legal aid for your committal, it is a condition of the grant of legal aid that your legal representative attends a case conference. A case conference will give your representative and the prosecution the opportunity to work out whether your case will proceed to a trial or become a sentence. The case conference will only be carried out when your solicitor has taken instructions from you. Your case will only be committed for sentence if you decide to plead guilty. If you plead not guilty or enter no plea when you appear at a trial in the District Court or Supreme Court, a jury will decide whether or not you are guilty. If you are in doubt about the procedure, you should seek more advice from a solicitor.

C R I M I N A L

What is a committal?

I N F O R M A T I O N

facing a committal?

A guide to

11/06/2014 9:36 am

can i get bail if i have appealed?

you are appealing after being convicted or entenced in the Local Court, you must lodge your ppeal before you can apply for bail. You can apply or bail in Local Court immediately when you lodge our appeal. This is normally done straight after ou are sentenced. If you don’t get bail in the Local ourt, you can still apply for bail to the Supreme ourt.

applying for supreme court bail

you have appealed to the Court of Criminal Appeal gainst your conviction or sentence in the District r Supreme Courts, you can apply for bail in the upreme Court. However, you will have to show that here are special circumstances before the court will ear your bail application. Special circumstances nclude that you will probably have served most of our sentence before your appeal is heard and/or hat you are highly likely to win your appeal. For this eason it is best to have the merit of your appeal ssessed before applying for Supreme Court bail.

he Supreme Court is located at Court No 1, King St., upreme Court Building (near St. James or Martin lace railway stations).

or further information about bail in general, see the egal Aid NSW brochure, A guide to bail.

Helping you understand and apply for bail

you have any questions, see the Prisoners Legal ervice when they visit the gaol, or ring the Supreme ourt Bails Section of Legal Aid NSW on 9219 5001.

his publication is intended as a general guide to the law in NSW. should not be relied on as legal advice and it is recommended at you talk to a lawyer about your particular situation.

t the time of printing, the information shown is correct but may e subject to change.

you need more help, contact LawAccess NSW on 1300 888 529.

rder brochures online at www.legalaid.nsw.gov.au/publications r email [email protected] or call 9219 5028.

his brochure is available in Arabic, Chinese (Trad), English and etnamese.

or more informtion about Legal Aid NSW services:

LCw

AY 2014

MNLA60191

31/10/13 5:43 PM

Translations

Translations

Arabic Chinese (Trad) Farsi Korean


Appealing to the District Court If you have attended a Local or Children’s Court and are not happy about a decision made about your case you may wish to consider an appeal.

This flier explains how character references can help you if you are going to court.

Appealing to the District Court

Contacts For information over the phone: LawAccess NSW 1300 888 529 If you are under 18: Legal Aid Youth Hotline

1 800 10 18 10

If you are deaf or have a hearing or speech impairment, call the NRS on 133 677.


If you need an interpreter, call the Translating and Interpreting Service (TIS) on 13 14 50. They can arrange an interpreter to call LawAccess NSW or Legal Aid NSW.

Information about how to make an appeal if you have attended a Local or Children’s Court and are not happy about the decision that the court made.

Application for Annulment


(or what to do if you missed court)

Appealing to the District Court Are you facing a committal? Character references Going to court Police powers

Understanding bail

These can be viewed or ordered at our online publications web page at: www.legalaid.nsw.gov.au/pubsonline or from the Publications Unit on 9219 5028.

This brochure provides information on your rights to appeal to the District Court against orders made in the Local or Children’s Court when you were present at court.

Translations

This brochure explains what you may be able to do if you have had a criminal, traffic or apprehended violence (AVO) matter listed in the Local Court of NSW and you missed the court date.

MAR 10

5

Local court decsions.indd 1

MNLA60107 Appealing to the district court16pp.indd 1

Are you facing a committal?

4/03/13 10:43 AM

CRIMINAL LAW INFoRMATIoN

have YoU Breached YoUr Parole? This brochure outlines what happens if you have breached your parole


4 pages | September 2010

If you breach parole (eg. fail to report, or give a positive urinalysis, or commit an offence while on parole), a report will be sent to the Parole Authority by your parole officer.

This brochure outlines what stop. happens if you think. breach parole. protect.

Sexual Assault Communications Privilege Service Legal Aid NSW

take no action or

•

send a warning letter or

•

direct you to attend and explain or

•

revoke parole, and issue a warrant.

—

Email: Phone:

[email protected] LawAccess NSW 1300 888 529

www.legalaid.nsw.gov.au/sacps

If your parole is revoked, it means your parole has been cancelled and you must return to gaol.

Warrant for revocation of Parole If the Parole Authority revokes parole it will issue a warrant for your arrest and you will be returned to gaol. Bail is not possible on arrest for revocation of parole and you will not be taken before a court (unless, at the same time you are charged with a fresh offence).

Client Privacy and Sexual Assault Communications Privilege

Sept13

Have You Breached Parole.indd 2

Applying for Supreme Court bail This brochure explains when you can get bail and the things you should know before you apply to the Supreme Court for bail. Arabic Chinese (Trad) Vietnamese


their privacy is your priority.

Contact Us

The Parole Authority may then: •

6/04/10 3:52 PM

Have you breached your parole?

5/10/10 5:01 PM

MNLA60913


Reviewing local court decisions

Reviewing Local Court decisions

Legal Aid NSW has other brochures including:

Translations

6

MNLA60144 Police Powers.indd 1

8/07/2014 1:45 pm

You have a right to apply to the Local Court to review a conviction, penalty or order made in your absence. This brochure explains how to apply for this review and what happens next.

Their privacy is your priority 4 pages | September 2013

This brochure will help you protect the confidentiality of therapeutic records of sexual assault victims. Includes tips on responding to subpoenas. See accompanying posters on page 10.

NEW!

4 pages | May 2014

getting there



LEG6390 Bail Bochure FINAL.indd 1

1 page | May 2010

If you are facing a committal, you will have been charged with a serious offence which is unlikely to be finalised in the Local Court. This brochure outlines what happens at a committal hearing and explains what you need to do next.

Police powers

Your rights and responsibilities in regard to arrest, searches, ‘move along’ directions and questioning.

bail

Character references


Your rights and responsibilities

Helping you understand and apply for bail.


How they can help you if you are going to court

Police powers

8 pages | Jan 2015

Translations

Character references

A guide to bail

What is an ‘indictable’ appeal? 16 pages | December 2014

appeals A guide to indictable

This brochure explains the appeals process and how to apply for legal aid.

Older people Legal issues for older people

Adult children living at home What do you do if you want them to leave? It’s not uncommon for older people to find themselves sharing their home with an adult child. Adult children may want to move in with their parents because they have lost their job, had a relationship breakdown or for some other reason.

awAccess NSW

l: 1300 888 529 (cost of a local call)

You may be a grandparent who is caring for or raising your grandchildren.

Are you a grandparent? 12 pages | October 2012

This brochure explains what legal options you have if you are a grandparent who is raising grandchildren, denied contact with grandchildren or if you are concerned about your grandchildren’s welfare.

You may be a grandparent who is concerned about your grandchild’s safety or well-being. Or you may have been stopped from seeing your grandchildren and would like to know what you can do about it.


Are you experiencing violence or abuse? Everyone has a right to live in a respectful and safe environment. Some people do not feel safe. They may experience violence or abuse from a partner, another family member or other person who lives in their home or residential facility. They may experience abuse from a neighbour, or a carer who is meant to be looking after them. There are things you can do to protect yourself from violence or abuse.

MNLA90131Olders Abuse 2013.indd 1

Are you experiencing violence or abuse? 4 pages | June 2011

You can make it stop

25/02/13 3:10 PM

If you are experiencing violence or abuse from a partner, another family member or other person who lives in your home or residential facility, there are steps you can take. Translations

Moving in with the family?


This brochure explains what you should think about before you enter into a ‘granny flat arrangement’.

This brochure explains how downsizing, moving into a granny flat, retirement village or other accommodation changes could affect your pension.

This brochure explains what you need to think about before you decide to lend money to a family member.

Translations Arabic Chinese (Trad) Greek

Translation

Italian Vietnamese


Macedonian

COMMUNITY EDUCATION

Speaking for myself 32 pages | June 2014

Speaking for myself Planning for later life decision making

SPAR0014_SpeakingForMyself.indd 2

24/10/2013 11:05:32 AM

This booklet explains how you can plan ahead and make decisions about what happens to you or your property.


Who will decide for you if you can’t decide for yourself? Think about planning ahead MAking our oWn deciSionS We take it for granted that we can make our own decisions about a range of issues, large and small, that affect our lives. For more complex decisions we may seek advice from others but we decide whether we follow that advice or not. The law presumes adults have the ‘capacity’ to make their own decisions until that is shown not to be the case. ‘Capacity’ means that when making a decision you have the ability to: • understand the facts involved • understand the main choices • weigh up the consequences of the choices • understand how the consequences affect you • communicate your decision* You must have capacity to make decisions about: • making a will • buying or selling property

Who will decide for you if you can’t decide for yourself? 6 pages | January 2011

• taking out a loan • investing money • making a power of attorney • entering a contract If you don’t have capacity to make these types of decisions they will not be legally binding. * Definition taken from the Capacity Toolkit (a publication of the Attorney General’s Department of NSW). Copies are available from The Aged-care Rights Service. Call 9281 3600 or 1800 424 079.

This brochure explains how you can plan ahead for the situation where you may no longer be able to make decisions for yourself due to illness, injury or age.

Italian Vietnamese

Helping your family financially? Understand the risks


6 pages | May 2012

legal issues for older People

Why make a will? What is a will? A will is a legal document that sets out how you want the things you own to be distributed when you die. Wills aren’t just for people who own property or have lots of money.

MakiNG a Will is a Positive steP You caN take to: • provide for the people you care about • leave particular items to certain people • appoint a person you trust to carry out the instructions in your will (your executor) • leave any other instructions you may have (for example, about your funeral arrangements) • make a gift to charity if you wish. Making a will removes the doubts and difficulties that can arise when there is no evidence of the deceased person’s wishes. Even if you don’t have a lot of money or you don’t own a house, you may want to leave other valuable or sentimental items such as art works, coins, jewellery, antiques, letters, or photographs to particular people. After your death your property and belongings are referred to as your estate.

Italian Macedonian Vietnamese

Why make a will?


This brochure explains why you should make a will and the steps to take. Translations Arabic Chinese (Sim) Greek



Legal issues for Older People

This brochure was produced by the Legal Aid NSW Older Persons’ Legal and Education Program. This Program provides legal advice, assistance and information to older people in NSW. To find out more about the Program or to request an information session on any topic for your group call (02) 9219 5000. Other brochures available: • Moving in with the family? Make sure you protect your interests • helping your family financially? Understand the risks • Are you experiencing violence or abuse? You can make it stop • Who will decide for you if you can’t decide for yourself? Think about planning ahead

he OLder PerSONS’ egAL Service

For copies of brochures call 9219 5028, email [email protected] or visit www.legalaid.nsw.gov.au/pubsonline.

BN 978-0-9806128-4-4

Your legal questions answered

Your home and the age pension. What you need to know.

• Are you a grandparent? Your legal questions answered

AID_booklet_theywantmeout_8.indd 1-2

1 Legal Issues for Older People


Arabic Chinese (Trad) Greek

TY: 1300 889 529 ww.lawaccess.nsw.gov.au

ovides free legal advice and assistance for older eople. l: (02) 9281 3600 or 1800 424 079 ww.tars.com.au

12 pages | May 2012

This brochure explains what you can do if you are an older person who is sharing your home with an adult child, and you want them to leave.

Where can I get legal help?

ovides free telephone legal information and ferrals to legal help, including to your nearest egal Aid NSW office, Community Legal Centre, private solicitors.

Adult children living at home

• Why make a will?

They want me to leave


They want me to leave 4 pages | March 2011

Staying in your home when your partner dies Many older people live in homes that are legally owned by someone other than themselves and face eviction from that home when the owner dies.

This publication is intended as a general guide to the law. It should not be relied on as legal advice. It is recommended that you talk to a lawyer about your particular situation. At the time of printing, this information is correct but may be subject to change. You can find out if the law has changed since publication by contacting LawAccess NSW on 1300 888 529.

March 2011 ©

24/03/11 12:30 PM

This pamphlet explains what you can do to avoid losing your home after your partner dies.



7

Aboriginal people

Who else can help you?

boriginal Legal Service NSW/ACT

e Aboriginal Legal Service NSW/ACT (ALS) gives free gal advice and provides legal representation in criminal d children’s care and protection matters.

Need any legal help? Ask Legal Aid NSW

any Aboriginal person is arrested in NSW, police must ll the ALS 24 hour telephone custody notification line.

ll the ALS on 1800 765 767 or visit them on their ebsite at www.alsnswact.org.au www.alsnswact.org.au

Services for Aboriginal people

wAccess NSW et free legal information and in some cases legal vice over the phone by calling 1300 888 529 or go to ww.lawaccess.nsw.gov.au

ommunity Justice Centres ee help if you are blewin’ with your family, friends or ighbours. To find a centre call 1800 990 777 or go to ww.cjc.nsw.gov.au

Get the book

Make the call: who can help

Fined Out! is a free handbook that helps people deal with fines, explaining the fine enforcement process and the options available for addressing fines. It provides links to SDRO forms and other publications and has sample letters and a contacts list for more help.

Community Legal Centres. . . . . . . . . . . . . . . . 9212 7333 Free legal advice and assistance. To find your nearest centre: www.nswclc.org.au

Hey you mob— got a fine?

LawAccess NSW . . . . . . . . . . . . . . . . . . . . . . . . . . 1300 888 529 Free legal help over the phone. www.lawaccess.nsw.gov.au

6 pages | December 2012 Fined Out! is also available online at www.iclc.org.au/fined_out and www.legalaid.nsw.gov.au

Here’s what to do

Credit and Debt Hotline . . . . . . . . . . . 1800 808 488 Consumer Credit Legal Centre NSW Lists free financial counsellors. www.cclcnsw.org.au

You can order printed copies of both this brochure and the handbook from the Publications Unit of Legal Aid NSW online: www.legalaid.nsw.gov.au/pubsonline

digenous Women’s Contact Line is toll-free line is staffed by Aboriginal women, and is en Mon, Tues, Thurs and Fri. 1800 639 784.



irringa Baiya is a community legal centre for boriginal women, children and youth living in NSW oviding free legal advice and representation relating to olence. Call on 1800 686 587 or 9569 3847.

For more information, contact LawAccess NSW on 1300 888 529. Legal Aid NSW Copyright July 2011

Visit our website for more information:

Central Sydney Ground Floor 323 Castlereagh St, Sydney 2000 Tel: 9219 5000 TTY 9219 5126

Fairfield Level 2 Fairfield Chase 25 Smart St Fairfield 2165 Tel: 9727 3777

Bankstown Civic Tower, Level 8 Cnr Rickard Rd & Jacobs St Bankstown 2200 Tel: 9707 4555

Gosford Level 2 37 William St Gosford 2250 Tel: 4324 5611

Parramatta Level 5 91 Phillip St Parramatta 2150 Tel: 9633 9916 Penrith 95 Henry St Penrith 2750 Tel: 4732 3077

Photo: Dani Pontes Original artwork by Tanya Martin, Ngemba People, Bourke.


Hey you mob— got a problem with child support?

Legal Aid family lawyers, located at all Legal Aid NSW offices can also assist with child support and a referral to the Child Support Service.

If you are hearing or speech impaired, you can contact us by calling the National Relay Service (NRS) on 133 677 or TTY 9219 5126.


This brochure explains how Legal Aid NSW can help Aboriginal clients with child support matters.

A service for Aboriginal people with child support problems. This publication is intended as a general guide to the law. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation. At the time of printing, the information shown is correct but may be subject to change. If you need more help, contact LawAccess NSW on 1300 888 529. Order brochures online at www.legalaid.nsw.gov.au/ publications or email [email protected]. au or call 9219 5028. For more information about Legal Aid NSW services: LCw

JULY 2011

MNLA60379

Original artwork by Tanya Martin, Ngemba People, Bourke Photos by Dani Pontes

July 2011

MNLA60379 Aborigina ChildSupport.indd 2

Fines brochure.indd 1

Level 4, 74-76 Burwood Road Burwood NSW 2134 Telephone: 9745 4277

Family Law Aboriginal


publication is intended as a general guide to the law. It ld not be relied on as legal advice and it is recommended you talk to a lawyer about your particular situation. e time of printing, the information shown is correct but may ubject to change. If you need more help, contact Access NSW on 1300 888 529.

What happens when your relationship ends?

You can change your will anytime and as many times as you like as long as you can still understand what

What happens you are doing. when your relationship ends?

4 pages | July 2011 Legal help, information and advice about mental health matters

This brochure assists Aboriginal families work out what’s best for the kids

Can I change my will?

Where to get help with wills

You can change your will anytime and as many times as you like as long as you can still understand what you are doing. But if you want to change it you will need to do a new one and you should get a lawyer to help you.

Aboriginal Legal Service (NSW/ACT) ALS doesn’t make wills but can suggest lawyers close to where you live who can do a will for free or for less money. Tel: 1800 765 767 or (02) 8303 6600 www.alsnswact.org.au

If there are any changes in your life, especially if you get married or divorced or if you begin or end a relationship, you should do a new will.

16 pages | July 2011 Where should I keep my will?

You should keep your will in a safe place at home, but where it can be found after you die. It’s a good idea to tell your executor where it’s kept.

Legal help, information and advice about mental health matters.

What happens if someone disagrees with my will when I die?

Some people (usually only close family and people who have lived with you or been in a relationship with you) can go to court and ask for some of your stuff, or for more of your stuff than you gave them in your will after you die. They have to go to the Supreme Court and the court will decide who gets what.

To order copies of this brochure visit www.legalaid.nsw.gov.au/publications or email [email protected] or call 02 9219 5028.

Advice about domestic violence and help at court

NEW!

kids in care Aboriginal and Torres Strait Islander children and care

1 2 3 4 5

6

Why wills are important for Aboriginal people.

NSW Trustee and Guardian Does wills for free if you make them your executor. Fees may come out of any money you have when you die. Tel: (02) 9252 0523 to find an office near where you live or visit www.tag.nsw.gov.au The Older Persons’ Legal Service Gives free telephone legal advice for older people. Tel: (02) 9281 3600 or 1800 424 079 www.tars.com.au

Why wills are important for Aboriginal people

7/03/13 9:38 AM

Break your silence, stop the violence

Break your silence, stop the violence

Legal Aid funds a Women’s Domestic Violence Court Assistance Program. This brochure outlines how this program assists women to apply for an Apprehended Domestic Violence Order and how women can stop the cycle of abuse.

This reversible poster accompanies the brochure of the same name. Poster size: 60cm x 42 cm.


Kids in care

Acting early in family law

A2 | July 2012

Part of a series of 6 brochures, see page 4.

Aboriginal bookmark July 2011

Aboriginal information


Wallet card | July 2014

Card size: 12cm x 5cm


Helps Aboriginal clients navigate the children’s court and children’s services.

8


Legal Aid NSW Gives free face-to-face legal advice about wills. Legal Aid NSW doesn’t make wills for people, but may be able to refer you to a lawyer who can do a will for free or for less money. Tel: 1300 888 529 (LawAccess NSW) to find your closest Legal Aid NSW office or visit www.legalaid.nsw.gov.au

Break your silence, stop the violence 8 pages | March 2014

Break Your Silence, Stop the Violence

LawAccess NSW Gives free telephone information about wills and can refer you to a private solicitor who can do a will for you. Tel: 1300 888 529. You can ask to talk to an Aboriginal Customer Service Officer www.lawaccess.nsw.gov.au

Who gets my stuff after I die?

February 2012

1 July 2011 MNLA60377 What happens when your relationip ends.indd 1

Who gets my stuff after I die?

This booklet assists Aboriginal families in matters such as divorce, property, making arrangements for sharing children, and child support. You can also keep it in a safety deposit box at a bank or with the lawyer who did your will for you.

uced by the Publications Unit of Legal Aid NSW. Copies able online at www.legalaid.nsw.gov.au/pubsonline or email [email protected] or ring 9219 5028.

artwork by Tanya Martin, Ngemba People, Bourke.

19/09/13 8:55 AM

21/07/11 11:46 AM

Legal help with mental health matters

People who are hearing/speech impaired can communicate with us through 9219 5126 or by calling the National Relay Service on 133 677.


Got a problem with child support? 6 pages | July 2011

If you are Aboriginal— the Child Support Service can help you.

Help if you are have court fines and penalty notices.

People who are hearing/ speech impaired can communicate with us through TTY 9219 5126 or by calling the National Relay Service (NRS) on 133 677.

This brochure provides basic information only and is not a substitute for legal advice. If you are likely to be involved in court proceedings or legal action, you should get advice from a lawyer about your particular situation.

ivate lawyers e Law Society of NSW has a list of private lawyers in ur area. Call the Law Society’s Solicitor Referral Service 9926 0300. you can’t pay for a lawyer and have been refused legal d you may be able to get help from the Law Society’s o Bono Scheme. Call them on (02) 9926 0364.

Family law Aboriginal

Offices

Sutherland Ground Floor 3-5 Stapleton Ave Lismore Sutherland 2232 Level 4 29 Molesworth St Tel: 9521 3733 Blacktown Lismore 2480 Level 2 Tamworth Tel: 6621 2082 Kildare Court Level 1 13-17 Kildare Rd 424-426 Peel St Liverpool Blacktown 2148 Tamworth 2340 Level 4 Tel: 9621 4800 Tel: 6766 6322 Interdell Centre 47 Scott St Burwood Wagga Wagga Liverpool 2170 Level 4, 74-76 Ground Floor Tel: 9601 1200 Burwood Rd 74-76 Fitzmaurice St Burwood 2134 Newcastle Wagga Wagga Tel: 9747 6155 Level 2 2650 TTY 9347 0214 51–55 Bolton St Tel: 6921 6588 Newcastle 2300 Campbelltown Wollongong Tel: 4929 5482 Level 4 Ground Floor, 171-179 Queen St Nowra 73 Church St Campbelltown Level 2, Wollongong 2560 59 Berry St 2500 Tel: 4628 2922 Nowra 2541 Tel: 4228 8299 Tel: 4422 4351 Coffs Harbour 41 Little St Orange Coffs Harbour Sutie 4, 2450 95 Byng St Tel: 6651 7899 Orange 2800 Tel: 6362 8022 Dubbo 64 Talbragar St Dubbo 2830 Tel: 6885 4233

Financial counsellors . . . . . . . . . . . . . . . . . 1800 808 488 Information about your nearest counsellor. www.fcan.com.au

Call 9219 5028 to order or email: [email protected]

hamber Service ost local courts have Registrars who can give you free gal information and will help you fill out legal forms. find out when you can see a Registrar, call your local urt.

Are you having problems with fines? 6 pages | July 2011

This brochure outlines the services Legal Aid NSW can provide to Aboriginal people.

• Free legal advice and info • Help at court • Free workshops

ommunity Legal Centres u may get free legal advice and help from Community gal Centres in NSW. To find a Community Legal Centre ar you call 9212 7333 or go to www.nswclc.org.au

Need any legal help?

Caring for kids in Aboriginal families


We can help you work out your family law problems Sort out your legal problem now — act early.

Helping Aboriginal people sort out family law issues early, before they become serious.

Caring for kids in Aboriginal families 8 pages | March 2013

Know the law – know your rights

MNLA 60139 Caring for Kids Ab.indd 1

12/03/13 11:10 AM

This brochure is for Aboriginal grandparents, aunties, uncles and other relatives involved in looking after young children.

Super Cuz CD

Can’t pay your fines? 1 page | June 2013

Work and Development orders

Radio plays with advice on issues including discrimination, bullying, problems with energy suppliers and dealing with police.

This flier is for organisations and health practitioners that sponsor Work and Development Orders assisting clients to clear fines debt.

Help your clients break the cycle of fines debt by becoming a WDO sponsor. This DVD shows you how.

Audio CD | March 2012

DVD | 2013

Running time: 25 minutes


For more Aboriginal posters and cards, see pages 10 – 11.

A3 poster | June 2013

This resource is for organisations and health practitioners that sponsor Work and Development Orders assisting clients to clear fines debt.

Insurance claims: floods and fire Storms, Floods, Insurance and you 2 pages | February 2012

This factsheet tells you what your insurance entitlements are in times of flooding and where to go to get advice and assistance.

Bushfires

know your rights A guide to getting your insurance claim paid Lodging your insurance claim Call your insurance company

It is important that you make contact with your insurer as soon as you can to lodge details of your property damage claim. Remember, this can be done once you and your family are safe, even if you have not returned to your property or if you don’t know the extent of the damage. This initial contact will get your claim started. You don’t need to have your policy paperwork with you - the insurance company will have electronic records. If you do not know who your insurance company is, you should contact the Insurance Council of Australia hotline and they will find out for you. Your insurer will need to give you a claim number in respect of your claim. If you are not provided with a claim number by your insurer, or are being told you can’t make a claim in relation to your policy, you should seek urgent legal advice.

Cleaning up your property

Insurance companies will usually want to assess the damage to your property before any repairs are done. Many companies will also want to approve the repairer you are using. You can go ahead with emergency repairs and clean-up if needed to make your property safe before your claim is assessed, but make sure you have clear ‘before-and-after’ photos and keep all receipts for the work that is done. If you can, try to contact your insurer before you start to let them know what you will be doing.

Temporary accommodation and other additional benefits

Your insurance policy may include payment for temporary accommodation costs and other additional benefits, such as demolition and removal of debris. These benefits are usually in addition to the sum insured amount of your policy (this means they will not be taken off the value of your claim).

MNLA60143 A5 Bushfire brochure.indd 1

22/10/13 11:27 AM

Bushfires, Insurance and you 4 pages | October 2013

This factsheet tells you what your insurance entitlements are in times of fire and where to go to get advice and assistance.

Employment Employment problems: spot the signs 2 pages | July 2014

This factsheet gives information to employees on where to go for help with employment issues.

Ripped

OFF?

YOUR RIGHTS ABOUT UNPAID WAGES AND ENTITLEMENTS AT WORK

100% READ

GOOD D GUARANTEE

Ripped off: your rights about unpaid wages and entitlements at work 46 pages | July 2014

This booklet is for young workers and provides information about wages and entitlements and how to claim and recover unpaid amounts.

NEW!

Your workplace rights during natural disasters and emergencies 2 pages | January 2015

This factsheet explains leave entitlements during a natural disaster or emergency. It applies to all private sector employees in NSW.


9

Posters and cards Legal Aid NSW generic poster

Break your silence, stop the violence wallet card

A2 and A3 | February 2014

Break your silence, stop the violence poster A2 | July 2012

July 2014

Two sizes, an all-purpose poster about Legal Aid NSW.

This reversible poster and wallet card accompanies the brochure of the same name. Aboriginal version.

This wallet card accompanies the brochure of the same name. Aboriginal version. Card size: 12cm x 5cm


Stop. Think. Protect. A3 | October 2012

A2 | June 2009

This reversible poster accompanies the brochure Advice about domestic violence and help at court.

The disclosure of personal and sensitive

So if you get a request, demand or

information in court can be a very traumatic experience for victims of sexual assault.

subpoena for client records, stop and think before you act.

To protect a victim’s privacy, there is a special legal rule called the Sexual Assault

Privacy is your priority.

Communications Privilege. This rule restricts the release of confidential records, including counselling notes, case

www.legalaid.nsw.gov.au/sacps LawAccess NSW 1300 888 529 [email protected]

For more information contact SACPS or visit our website.

notes or doctor’s files, in many legal proceedings. It applies in all criminal and domestic violence cases.

MNLA60433 / Sept 12


Wallet card | January 2013


Legal help for older people

Legal ation inform for young and people es. their famili

A3 | February 2011

Referrals and contacts for older people. Accompanies the brochures on page 7.

Get to the root of the problem A2 | June 2012

Contacts and referrals for Aboriginal people.

10 LEGAL AID NSW 2015 CATALOGUE

bestforkids.org.au is a website for young people and families with questions about the law. It has information about family law and family violence, going into care, trouble with the police and everyday legal issues. The website has videos, legal information and links to other sites.

OO

CL

For free legal information and help over the telephone call LawAccess 1300 888 529

bestforkids.org.au

Who’s who in the Local Court THINGS TO KNOW Is my case on today? Check the court list. You can find it on the notice board or ask the court officer.

The Court Officer organises the court lists and sorts out who has a lawyer and who doesn’t. The court officer calls people into the courtroom and tells them where to sit or stand.

A Police Prosecutor represents the police in most criminal matters in the Local Court. In serious cases, the Prosecutor may be a lawyer from the Director of Public Prosecutions.

The Magistrate decides whether you are guilty or not guilty and what the penalty will be. In court, the Magistrate is called “Your Honour”.

The Monitor records everything that is said in court.

Magistrate

Court Officer

When will my case start? You should be at court by 9:30 am but this does not mean that your case will start then. Sometimes there can be a long wait until your case is heard.

Prosecutor

Monitor

Can I get legal aid? Not everybody is eligible for legal aid. If you have not applied for legal aid before your court date you may be able to do so at court. See one of the Legal Aid duty lawyers who will explain what you need to do next. Want to know more? Ask for the brochure Going to Court at your local Legal Aid office or your Local Court. This will help you prepare for your day in court.

Your Lawyer

You

Public

In most cases, anyone can come into court, so you can bring your friends and family with you for support.

Your Lawyer represents you at court. Acting on your instructions, your lawyer will enter a plea of guilty or not guilty, conduct your case at the hearing and tell the court about you if you are being sentenced.

You (the defendant) can represent yourself or have a lawyer represent you. If you don’t have a lawyer this is where you stand. Speak clearly and loudly. Listen carefully to everything and if you don’t understand something, ask the Magistrate to explain it to you.

Witness Box

GETTING HELP You should get legal advice as soon as possible. If you have a private lawyer, you should contact them to make an appointment. If you do not have a private lawyer contact your nearest Legal Aid office or call LawAccess NSW – 1300 888 529 (local call) for more information. If there is a Legal Aid office near you, you should contact that office to make an appointment to see a lawyer before your court day. Other Help Aboriginal and Torres Strait Islander people can get help from the Aboriginal Legal Service (ALS) or from all Legal Aid offices. Community Legal Centres may give you free advice. Call LawAccess NSW – 1300 888 529 to find the centre nearest to you.

If you have to give evidence about a matter in court, this is where you sit.

A series of three posters (one generic and two gender-specific) designed for sexual assault services, health services, medical records departments and community organisations to promote awareness of the Sexual Assault Communications Privilege Service and privacy rules restricting the disclosure of sensitive therapeutic records in court proceedings.

Best for kids A3 | March 2015

This poster promotes Best for Kids, a multimedia website with information for families who are separating, and videos for young people on a range of legal topics.

Her privacy is your priority.

her privacy is your priority.

A3 | October 2012

The disclosure of personal and sensitive information in court can be a very traumatic

So if you get a request, demand or subpoena for client records, stop and

experience for victims of sexual assault. To protect a victim’s privacy, there is a

think before you act. Privacy is your priority.

special legal rule called the Sexual Assault Communications Privilege. This rule restricts the release of confidential


For more information contact SACPS

LawAccess NSW 1300 888 529

or visit our website.

[email protected]

records, including counselling notes, case notes or doctor’s files, in many legal proceedings. It applies in all criminal and domestic violence cases.

MNLA60318 / Sept 12

His privacy is your priority.

his privacy is your priority.

A3 | October 2012

The disclosure of personal and sensitive information in court can be a very traumatic experience for victims of sexual assault.

So if you get a request, demand or subpoena for client records, stop and think before you act.

To protect a victim’s privacy, there is a special legal rule called the Sexual Assault Communications Privilege.

Privacy is your priority.


For more information contact SACPS or visit our website.

This rule restricts the release of confidential records, including counselling notes, case notes or doctor’s files, in many legal proceedings. It applies in all criminal and

LawAccess NSW 1300 888 529 [email protected]

domestic violence cases.

MNLA60323 / Sept 12

There’s a better way than loans

Payday

For Hel

call the p: and Debt Credit 1800 007 Hotline on www.lega 007 or visit laid. and sear nsw.gov.au ch ‘payd ay’


Copies of this poster can be obtained at www.legalaid.nsw.gov.au/publications September 2012

Outlines the rules restricting the disclosure of sensitive therapeutic records in court proceedings.

MNLA60901

Outlines the rules restricting the disclosure of sensitive therapeutic records in court proceedings.

There’s a better way than payday loans A3 | February 2013

Accompanies the brochures on page 2.

Who’s who in the Local Court

Law webinars for everyone

A helpful layout of the inside of a local court. Companion to the brochure on page 6, Going to court.

For service providers only. These handy cards can be given to clients to let them know about webinars on common legal issues.

A3 | December 2013

A5 | December 2014

Social media (poster)

Social media (card)

Highlights Legal Aid NSW social media services: twitter, facebook and our website.

Handy card which highlights Legal Aid NSW social media services: twitter, facebook and our website.

A5 card | November 2013

A3 poster | November 2013

Work and Development Orders (Aboriginal poster)

Can’t Pay your

FINES?

A3 | June 2013

A3 | June 2013

• Clear your fines debt • Get your licence back • Make a fresh start Ask here about

This resource is for organisations and health practitioners that sponsor Work and Development Orders assisting Aboriginal clients to clear fines debt.

Work and Development Orders Free legal help

• LawAccess NSW 1300 888 529 • WDO hotline 1300 478 879

www.alsnswact.org.au

www.legalaid.nsw.gov.au/wdo MNLA60392

June 2013 WDO Gen poster.indd 1

30/07/13 2:46 PM

In trouble with police? Call the Youth Hotline

This resource is for organisations and health practitioners that sponsor Work and Development Orders assisting clients to clear fines debt

Work and Development Orders (Young people poster) A3 | June 2013

This resource is for organisations and health practitioners that sponsor Work and Development Orders assisting young people to clear fines debt.

In trouble with police? Call the Youth Hotline (Poster)

Wallet card | November 2010

This phone card is for young people under 18. It has the youth hotline number and fits into a wallet.

Work and Development Orders (Generic poster)

A1 | October 2009 Youth Hotline poster.indd 1

13/07/10 11:48 AM

This poster promotes Legal Aid NSW Youth Hotline for young people under 18.

Card size: 8cm x 5.5cm

Young people 32 pages | October 2013

Get street smart: know your legal rights

This pocket book tells young people how things work in the Children’s Court, what they can expect and gives tips on how to prepare for court in NSW.

Now in its 12th edition, this pocket book tells young people about their rights when they are dealing with police on the streets in NSW.

Get court smart


GetSS 2011 Cover artpocket pal.indd 1

Size: 9.5cm x 8.5cm

15/11/11 10:22 AM

Size: 9.5cm x 8.5cm

Super Cuz: Adventures of a koori superhero who fights for justice. Audio | March 2011

Radio plays with advice for young Aboriginal people on issues including discrimination, bullying, problems with energy suppliers and dealing with police. Running time approximately 25 minutes.


11

Traffic and driving Drink driving charges and you This brochure explains what to do when pleading guilty to a drink driving charge. Legal aid is only available for traffic offences if there is a real possibility of a gaol penalty, or there are exceptional circumstances. If this is the first time you have been charged with a Prescribed Concentration of Alcohol (PCA) offence, it is unlikely you will get a gaol sentence. However, if: a) it is a high range PCA offence and if it involves aggravating features such as a very high reading, an accident and/or dangerous driving, a gaol penalty is more likely and you may therefore be eligible for legal aid; b) you have previously been charged with a high range drink driving offence, you face the risk of a gaol penalty and may be eligible for legal aid. In those situations, you should apply for legal aid before your first court appearance. Speak to the duty t to solicitor at court. More about what Wha en happens when you attend do wh court inside brochure. ading

ple guilty


Drink driving charges and you

Crashed your car?

Inside the courtroom

Crashed your car?

Sit in court and wait for your name to be called. It can be helpful to listen to other people presenting guilty pleas to give you a better idea of how to present yours. When you are called, enter your plea of guilty and either hand your letter to the Magistrate or read from prepared notes.

After the court’s decision: what do you do?

If there is something you don’t understand about the court’s decision, ask the Magistrate to explain. Remember to do the following: •

If your licence was suspended and taken away on the spot by the police, ask the Magistrate to take into account the time you have already been suspended when determining the length of your disqualification.

MERIT – Magistrates Early Referral Into Treatment

Local Courts have a special program called the Magistrates Early Referral Into Treatment Program (MERIT). It offers adult defendants with drug problems the opportunity to work towards rehabilitation, on a voluntary basis, as part of the bail process. The program takes about 12 weeks to complete. If you want to do the program, ask the Magistrate to refer you and adjourn your case so you have time to complete the program. A report will be provided to the court about your progress on the program. If you make positive progress on this program it will be taken into account in your favour when the court comes to sentence you.

Information on claims for damage to your car, in and out of court

Translations

If you have trouble paying your fine you may be eligible to apply for a Work and Development Order which enables you to work off fines by doing unpaid work, education and training, necessary counselling or other rehabilitation or medical or mental health treatment and more. For more information see our free publications about Work and Development Orders at: www.legalaid.nsw.gov.au/publications

1

Can you appeal?

You can appeal to the District Court if you are not satisfied with the Magistrate’s decision. You should seek legal advice before lodging any appeal. The appeal must be lodged within 28 days and there is a fee payable. It is possible to apply for fee relief if you are a low income earner. For more information about how to appeal, ask for our brochure Appealing to the District Court.

This brochure will help you if you have crashed your car and are not insured for motor vehicle property damage or you are not claiming on your insurance. It outlines what you should do right after the accident and how to negotiate settlement or prepare for court.

You may also wish to consider completing a Traffic Offender Program. Generally, if you attend the program and complete the assignments, the penalty applied will be reduced. If you want to do the program, ask the Magistrate to refer you and adjourn your case so you have time to complete the program.

This brochure helps you prepare for court and explains the penalties for drink driving.

You will lose your licence for some time unless the court decides not to record a conviction against you – the applicable penalties for some drug related driving offences are set out in the table inside this brochure. You may also have to pay a fine.


Give the court your written references, letter from your employer, and any other supporting documents.


What could happen to you?

•

Do not drive while disqualified. If you have been disqualified from driving for a period of time, you must hand in your licence. The maximum penalty for driving while disqualified is 18 months gaol and/or a $3,300 fine (or 2 years gaol and a $5,500 fine if it is a second or subsequent offence). There is also an automatic minimum disqualification period for an additional 12 months (or two years if it is a second or subsequent offence) when you are convicted for driving while disqualified Re-apply for your licence. Once the disqualification period is over, you have to re-apply for your licence as you will not get it back automatically. You will be a cancelled driver until you re-apply for your licence (it is an offence to drive whilst cancelled).

If you think you will have trouble paying your fine within 28 days, speak to court staff before you leave about making a ‘time to pay’ arrangement. If you do not pay the fine within the time set, the State Debt Recovery Office (SDRO) can impose a range of penalties against you. For more information call the SDRO on 1300 655 805.

This publication is intended as a general guide to the law. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation.


iv in g D ru gs , dr u an d yo ng

pleadi do when Driving What to of a charge guilty to of a Drug Influence Under the similar offence or other

At the time of printing, the information shown is correct but may be subject to change. If you need more help, contact LawAccess NSW on 1300 888 529.

Order brochures online at www.legalaid.nsw.gov.au/ publications or email [email protected] or call 9219 5028. For more information about Legal Aid NSW services:

LCw

This brochure is also available in Arabic, Chinese and Vietnamese.


OCT 2013

MNLA60081 Drugs and Driving ENG.indd 1

Drugs, driving and you


MNLA60081 1/11/13 10:59 AM

8 pages | October 2013

This brochure explains what to do when pleading guilty to a charge of Driving Under the Influence of a Drug (DUI Drug) charge. Translations Arabic Chinese (Trad) Vietnamese

Translations Arabic Chinese (Sim) Farsi Vietnamese

NEW!

Driving while disqualified


This brochure helps you prepare for court and explains the penalties for driving while disqualified. Translations Arabic Chinese (Sim) Vietnamese

To order any publication visit:

www.legalaid.nsw.gov.au/publications If you have any questions about this catalogue, call 9219 5028 or email: [email protected]

12 LEGAL AID NSW 2015 CATALOGUE

MNLA60104