DOMESTIC VIOLENCE DUTY LAWYER SERVICES Anne Lewis North Queensland Womens Legal Service Tanya Diessel Gold Coast Community Legal Centre Stephanie Ewart Womens Legal Service Background ID: 764061
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DOMESTIC VIOLENCE DUTY LAWYER SERVICES Anne Lewis North Queensland Women’s Legal Service Tanya Diessel Gold Coast Community Legal Centre Stephanie Ewart Women’s Legal Service
Background & context QAILS Women /Family /Children Network QAILS Funding Proposal to establish a State-wide Network of Duty Lawyers in Queensland Domestic Violence Courts ‘Not Now, Not Ever’ Report & Recommendations of the Domestic Violence Taskforce
Operational structure of a Duty Lawyer Service comparison of 2 different models Gold Coast Community Legal Centre Duty Lawyer Service model based on a holistic and flexible operation. Degree and level of assistance provided primarily at the discretion of the duty lawyer. Legal Aid Queensland Duty Lawyer Pilot Project model revolves around a more structured operation. Boundaries and processes set for duty lawyers to follow.
How it works – Stephanie Ewart Service development S takeholders Staff and volunteers Referrals Resources
WLSQ – DV Lawyer Service Holland Park Magistrates Court NQWLS – DV Duty Lawyers Service (Cairns and Townsville) GCCLC – DV Duty Lawyer Pilot Project at Southport Magistrates Court Legal Aid Qld – DV Duty Lawyer Pilot Project at Southport Magistrates Court Who? 2 solicitors , 1 social worker, 2 volunteers Stakeholders: Mags Court, Female clients, DVConnect & Mensline , court support volunteers, QPS, Legal Aid, QIFVLS NQWLS solicitor + support worker attend TSV and CNS courts on List Days. NQWLS assists women who are both applicants & respondents. Working in conjunction with court support staff from local DVRS and police prosecutors, other stakeholders. Referrals made to other legal service providers & community organisations as appropriate. 2 x GCCLC solicitors – alternate weekly roster Stakeholders: DV Prevention Centre contact inside and outside court room Magistrates Court Court staff assist solicitors, registrars aware and understand process Police Prosecution 5 preferred suppliers of Legal Aid 4 at GC private firms 1 is GC Community Legal Centre When? Wednesday 1-4pm Cairns – Thursday Townsville - Monday, Wednesday, Friday Thursday from 10:30am until court finishes/no more assistance required (approx. 1-2pm) Commenced 13 Oct. 2014 for 12 month pilot project Mon & Tues: 10am – 2pm Aggrieved and Respondents advised Rotating roster between the preferred suppliers where there is always a solicitor available for both parties on Mon and Tues Where HP Mags Court -small - women’s only area -3 rooms (2xsolicitors, 1xsupport worker Access to photocopier Cairns Magistrates Court Townsville Magistrates Court Southport Mags DV Court Solicitor advises from within the DV “safe room” for women only. 2 interview rooms within safe room – solicitor occupies one of these. DVPC social workers and DV court staff have own office in safe room Southport Mags Court DV Court Each supplier within close proximity to courthouse Advice for Aggrieved and Respondents: provided out of the general court interview rooms outside DV court room (no advice is provided from within the DV saferoom ).
What Advice and representation for mentions & hearings – re adjournments, directions & temp. consent orders WLS referrals Generally no rep. for hearings Provide advice and appear in some mattters – eg temporary orders, adjournments, directions. Matters considered on a case-by-case basis as to how NQWLS can best assist in the circumstances. Referrals as required.Social workers announce free advice and solicitors presenceAdvice on DV, family law issues, tenancy issues, breaking leases – whatever advice is sought.Repn. in mentions only (discrete)Referral back to the service Encourage Legal Aid No repn. for hearings General advice provided on the DV matter only – restricted to DV advice. Referrals to be made for other areas of law – encouraged to complete a Legal Aid applicationRepresentation not encouraged.HowCourt registry emails list Conflict check/existing client Sees DV Support Worker After court – open file and send client letter with matter details, safety reminders, referral infoAttend court and set up interview room. Solicitor takes laptop for conflict checks and/or calls office.Solicitor liaises with Police & DVRS court support workers who refer women to Duty lawyer service.. After court, file created in CLSIS, letter sent to client with necessary information.Conflict check via CLSIS from solicitors laptop linked back to office computerSolicitor keeps record of service demandConflict check explanation carefully worded Representation = opened as a case and client sent a letterUnrepresented = verbal advice only, no case Solicitors arrive for their rostered shiftDV Social Workers and Centacare staff refer Aggrieveds and Respondents to the appropriate duty lawyer for advice.Conflict checks are not needed/required (the GCCLC is the only preferred supplier undertaking conflict checks prior to advice)Solicitors complete a Session Report at the end of their shift which is submitted to Legal Aid, identifying the clients advised etc and the fee for that shift. Payment is processed by LA.Legal Aid pay $120/hour for no more than 4 hours a shift. WLSQ – DV Lawyer Service Holland Park Magistrates Court NQWLS – DV Duty Lawyers Service (Cairns and Townsville) GCCLC – DV Duty Lawyer Pilot Project at Southport Magistrates Court Legal Aid Qld – DV Duty Lawyer Pilot Project at Southport Magistrates Court
WLSQ – DV Lawyer Service Holland Park Magistrates Court NQWLS – DV Duty Lawyers Service (Cairns and Townsville) GCCLC – DV Duty Lawyer Pilot Project at Southport Magistrates Court Legal Aid Qld – DV Duty Lawyer Pilot Project at Southport Magistrates Court Who? 2 solicitors , 1 social worker, 2 volunteersStakeholders: Mags Court, Female clients, DVConnect & Mensline, court support volunteers, QPS, Legal Aid, QIFVLS NQWLS solicitor + support worker attend TSV and CNS courts on List Days. NQWLS assists women who are both applicants & respondents.Working in conjunction with court support staff from local DVRS and police prosecutors, other stakeholdersReferrals made to other legal service providers & community organisations as appropriate.2 x GCCLC solicitors – alternate weekly rosterStakeholders:DV Prevention Centre contact inside and outside court roomMagistrates CourtCourt staff assist solicitors, registrars aware and understand processPolice Prosecution5 preferred suppliers of Legal Aid4 at GC private firms 1 is GC Community Legal Centre
WLSQ – DV Lawyer Service Holland Park Magistrates Court NQWLS – DV Duty Lawyers Service (Cairns and Townsville) GCCLC – DV Duty Lawyer Pilot Project at Southport Magistrates Court Legal Aid Qld – DV Duty Lawyer Pilot Project at Southport Magistrates Court When? Wednesday 1-4pmCairns – ThursdayTownsville - Monday, Wednesday, FridayThursday from 10:30am until court finishes/no more assistance required (approx. 1-2pm)Commenced 13 Oct. 2014 for 12 month pilot project Mon & Tues: 10am – 2pm Aggrieved and Respondents advisedRotating roster between the preferred suppliers where there is always a solicitor available for both parties on Mon and Tues
WLSQ – DV Lawyer Service Holland Park Magistrates Court NQWLS – DV Duty Lawyers Service (Cairns and Townsville) GCCLC – DV Duty Lawyer Pilot Project at Southport Magistrates Court Legal Aid Qld – DV Duty Lawyer Pilot Project at Southport Magistrates Court Where? HP Mags Court -small-women’s only area -3 rooms (2xsolicitors, 1xsupport workerAccess to photocopier Cairns Magistrates CourtTownsville Magistrates CourtSouthport Mags DV CourtSolicitor advises from within the DV “safe room” for women only.2 interview rooms within safe room – solicitor occupies one of these.DVPC social workers and DV court staff have own office in safe roomSouthport Mags Court DV Court Each supplier within close proximity to courthouse Advice for Aggrieved and Respondents: provided out of the general court interview rooms outside DV court room (no advice is provided from within the DV saferoom).
WLSQ – DV Lawyer Service Holland Park Magistrates Court NQWLS – DV Duty Lawyers Service (Cairns and Townsville) GCCLC – DV Duty Lawyer Pilot Project at Southport Magistrates Court Legal Aid Qld – DV Duty Lawyer Pilot Project at Southport Magistrates Court What? Advice and representation for mentions & hearings – re adjournments, directions & temp. consent ordersWLS referralsGenerally no rep. for hearingsProvide advice and appear in some matters – e.g. temporary orders, adjournments, directions. Matters considered on a case-by-case basis as to how NQWLS can best assist in the circumstances. Referrals as required.Social workers announce free advice and solicitors presenceAdvice on DV, family law issues, tenancy issues, breaking leases – whatever advice is sought.Repn. in mentions only (discrete)Referral back to the service Encourage Legal Aid No repn. for hearings General advice provided on the DV matter only – restricted to DV advice. Referrals to be made for other areas of law – encouraged to complete a Legal Aid applicationRepresentation not encouraged.
WLSQ – DV Lawyer Service Holland Park Magistrates Court NQWLS – DV Duty Lawyers Service (Cairns and Townsville) GCCLC – DV Duty Lawyer Pilot Project at Southport Magistrates Court Legal Aid Qld – DV Duty Lawyer Pilot Project at Southport Magistrates Court How? Court registry emails list Conflict check/existing client Sees DV Support Worker After court – open file and send client letter with matter details, safety reminders, referral infoAttend court and set up interview room. Solicitor takes laptop for conflict checks and/or calls office.Solicitor liaises with Police & DVRS court support workers who refer women to Duty lawyer service.. After court, file created in CLSIS, letter sent to client with necessary information.Conflict check via CLSIS from solicitors laptop linked back to office computerSolicitor keeps record of service demandConflict check explanation carefully worded Representation = opened as a case and client sent a letterUnrepresented = verbal advice only, no case Solicitors arrive for their rostered shiftDV Social Workers and Centacare staff refer Aggrieveds and Respondents to the appropriate duty lawyer for advice.Conflict checks are not needed/required (the GCCLC is the only preferred supplier undertaking conflict checks prior to advice)Solicitors complete a Session Report at the end of their shift which is submitted to Legal Aid, identifying the clients advised etc and the fee for that shift. Payment is processed by LA.Legal Aid pay $120/hour for no more than 4 hours a shift.
Questions?