Legal Aid WA Civil Law legal assistance advocacy

Legal Aid WA Civil Law – legal assistance, advocacy and representation

State wide service delivery Regional offices located in: Kununurra Broome South Hedland Geraldton and Carnarvon Wheatbelt Circuit Kalgoorlie and Esperance Bunbury Albany Christmas and Cocos Islands Service

Who do we help? We are committed to ensuring access to justice, especially for the most disadvantaged in our community, finding better ways to help people resolve their legal problems, and adopting a more holistic approach to resolving people’s legal problems as early as possible We try to resolve legal problems through effective advocacy and negotiation, especially for clients who present with complex needs and multiple disadvantage, including: cognitive or intellectual impairment, and mental illness Aboriginal or Torres Strait Islander background NESB/CALD (especially where there are language difficulties and/or a lack of understanding of the Australian legal system) illness or physical disability lives in a remote, rural or regional area illiteracy or limited education background experiencing domestic violence

Civil Law advice Daily face to face and telephone appointments are available in a range of civil law matters including: abandoned goods consumer/trader disputes credit and debt (this includes financial hardship and problems with debt collectors) deportation for visa cancellation on character grounds (s 501 of the Migration Act) elder abuse (especially financial abuse) employment law general procedure claims in the Magistrates Court guardianship and administration (including matters at the State Administrative Tribunal) immigration (where there is domestic or family violence only) insurance (including motor vehicle property damage and claims for flooding or fire events)

Civil Law advice More civil law matters including: minor case claims in the Magistrates Court mortgage hardship and real property repossession matters in the Supreme Court motor vehicle contractual disputes NDIS Appeals (at the Administrative Appeals Tribunal) rent to buy schemes respondents to restraining orders social security entitlements (at the Administrative Appeals Tribunal) victims of crime compensation matters (applications and appeals)

Case work with a grant of legal aid In-house lawyers currently provide representation in the following matters: criminal injuries compensation claims DCP Abuse in Care claims guardianship and administration matters at the State Administrative Tribunal (SAT)

Social Inclusion Program (SIP) Lawyers in the Social Inclusion Program (SIP) provide more holistic, intensive and focused legal assistance in a range of civil law matters, including mortgage stress, consumer/trader disputes, debt and elder abuse matters A key objective of SIP is to provide the most appropriate client service delivery with regard to individual client characteristics, ensuring the right type of assistance is targeted to our most disadvantaged clients. Greater emphasis is placed on resolving legal problems and disputes through negotiation and advocacy, under the minor assistance program SIP also regularly provides community legal education to community groups and social support agencies about various civil law issues We are expanding our outreach legal advice services. Currently we go to Uniting. Care West in Merriwa and Midlas in Midland

State Administrative Tribunal (SAT) Regular advice, assistance and representation to clients on matters in the human rights stream at the State Administrative Tribunal (SAT), particularly in the area of guardianship and administration We are especially concerned about the rising incidence of elder abuse in the community. Research indicates that about 1 in 20 older Western Australians will suffer some form of elder abuse. Financial abuse is the most likely form of elder abuse. With the increasing costs of aged care, there has also been a corresponding spike in the number of older people entering into informal "assets for care" arrangements with their families, which often can work well, but which can equally be to the detriment of the older person Legal Aid WA is a member of the Alliance for the Prevention of Elder Abuse (APEA: WA) and a member of the Department of Justice, Elder Abuse Reference Group

Federal Courts' Self Represented Litigants' Service This service assists unrepresented litigants in the Federal Court of Australia and the Federal Circuit Court of Australia. Advice and assistance will generally be provided on: whethere are grounds for proceeding with the application or appeal the likely success of the application or appeal court process, procedure and etiquette disclosure and evidence drafting court forms and documents settlement negotiations preparation for trial and appearing in court to enable the client to present the best possible case in court appeals, time limits and the importance of complying with directions or orders of the court

Federal Courts' Self Represented Litigants' Service Assistance is provided in a range of matters including: Administrative Law Appeals (especially Migration appeals) Bankruptcy Consumer Law Fair Work Human Rights Industrial Law Migration Privacy

Natural Disasters In response to various natural disasters around the state, legal assistance is offered in a range of civil law issues including advice about making insurance claims and dealing with insurance disputes; mortgage stress and financial hardship; debt; employment law problems; housing/tenancy problems and the replacement of important documents The Civil Law Division coordinates a 'natural disaster legal response', working closely with Community Legal Centres, the Law Society of WA and the WA Bar Association to provide timely and strategic legal help, harnessing the good will of private practitioners who are willing to provide pro bono legal assistance Solicitors usually attend at evacuation centres and recovery centres to provide advice and assistance, and provide community legal education about insurance law In recent years we have assisted people affected by bush fires in Kelmscott/Roleystone, the Perth Hills, Esperance and Yarloop We are a member of the State Welfare Emergency Committee

Administrative Appeals Tribunal (AAT) The Civil Law Division attends the Administrative Appeals Tribunal (AAT) every Monday fortnight to provide legal advice in a range of Commonwealth law matters. These matters include the following: Disability Support Pension (DSP) Family Tax Benefit (FTB) Veterans' Age Pension We do not provide representation on behalf of clients in the AAT unless under a grant of aid

National Disability Insurance Scheme (NDIS) The Civil Law Division receives funding from the Department of Social Services (DSS) to provide representation for people with "complex and novel" appeals at the Administrative Appeals Tribunal (AAT) We provide assistance and advice for people exploring their appeal options when they are unable to access the NDIS or are unable to obtain the level of necessary support The NDIA continues its national roll-out in various locations throughout Western Australia

Mortgage Hardship Service Mortgage repossession matters in the Supreme Court (individuals served with a writ in mortgage repossession matters) We provide the following assistance: legal advice and minor assistance, which includes negotiating directly with the bank’s lawyers and assisting clients to file court documents such as an Appearance refer clients for pro bono assistance where a there is an arguable defence assist and support clients to lodge disputes with the Australian Financial Complaints Authority (AFCA) - the new external dispute resolution scheme for the financial services industry that replaced the Financial Ombudsman Service (FOS), Credit & Investments Ombudsman (CIO) and Superannuation Complaints Tribunal (SCT). We can also be the client’s authorised representative, especially if someone is especially vulnerable develop relationships with the financial services industry, AFCA, financial counsellors, non-legal support and community workers and pro bono deliver community legal education

Elder Abuse unit We assist older people at risk of, or experiencing elder abuse, especially financial elder abuse. We help by providing the following: legal advice, assistance, advocacy, negotiation, representation, community legal education and merit testing of potential litigation matters representation in guardianship and administration matters in the State Administrative Tribunal (SAT) especially where the proceedings appear to be commenced to obtain power or control over an older person. There may also be instances where an application is made by social workers or health care workers to SAT for guardianship and administration orders as a means of managing the ongoing care of an older person with complex needs. The older person needs advice and guidance about their rights in these types of situations developing individual case plans mediation for appropriate cases of elder abuse referral pathways and linkages with a wide range of community and local government agencies

Elder Abuse unit Our principal areas of legal practice in elder abuse matters include: granny flats and assets for care arrangements enduring powers of attorney legal capacity guardianship and administration State Administrative Tribunal (SAT) home loans and elderly guarantors/mortgage default financial arrangements and financial abuse, including stealing and fraud protection and safeguarding from violence

Health Justice Partnership (HJP) We are currently seeking to partner with medical and health services, including social work departments to set up a Health Justice Partnership The benefits of a HJP include: clear referral pathways to Legal Aid WA for patients with civil and family law problems, especially for patients with multiple and complex health needs, including alcohol and drug addiction, disability and mental impairment legal services that are more likely to reach people when they are multi-disciplinary and located where people are likely to turn for help interdisciplinary knowledge and respect, through information sessions to front line staff, including doctors, social workers, welfare officers, nurses, allied health workers, psychologists and patient liaison officers a legal advice clinic operated by Legal Aid WA in a health care setting