Duty Lawyer Services for Domestic Violence Cases
Providing insights on the operational structure, service development, and stakeholders of duty lawyer services for domestic violence cases in Queensland. Compare two different service models, including key stakeholders, locations, and assistance provided to aggrieved and respondents. Learn how these services operate to support individuals seeking legal assistance in domestic violence court proceedings.
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Presentation Transcript
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 Stakeholders 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 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. 2 x GCCLC solicitors alternate weekly roster 5 preferred suppliers of Legal Aid 4 at GC private firms 1 is GC Community Legal Centre Who? Stakeholders: DV Prevention Centre contact inside and outside court room NQWLS assists women who are both applicants & respondents. Magistrates Court Court staff assist solicitors, registrars aware and understand process Working in conjunction with court support staff from local DVRS and police prosecutors, other stakeholders. Police Prosecution Referrals made to other legal service providers & community organisations as appropriate. Wednesday 1-4pm Cairns Thursday Thursdayfrom 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 When? Townsville - Monday, Wednesday, Friday HP Mags Court -small -women s only area -3 rooms (2xsolicitors, 1xsupport worker Access to photocopier Cairns Magistrates Court Southport Mags DV Court Southport Mags Court DV Court Where Solicitor advises from within the DV safe room for women only. Each supplier within close proximity to courthouse Townsville Magistrates Court 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). 2 interview rooms within safe room solicitor occupies one of these. DVPC social workers and DV court staff have own office in safe room
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 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. Social workers announce free advice and solicitors presence Advice 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. What Referrals to be made for other areas of law encouraged to complete a Legal Aid application Matters considered on a case-by-case basis as to how NQWLS can best assist in the circumstances. Referrals as required. Representation not encouraged. 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 info Attend 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 computer Solicitor keeps record of service demand Conflict check explanation carefully worded Representation = opened as a case and client sent a letter Unrepresented = verbal advice only, no case Solicitors arrive for their rostered shift DV 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. How
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 2 solicitors, 1 social worker, 2 volunteers Stakeholders: Mags Court, Female clients, DVConnect & Mensline, court support volunteers, QPS, Legal Aid, QIFVLS 2 x GCCLC solicitors alternate weekly roster 5 preferred suppliers of Legal Aid 4 at GC private firms 1 is GC Community Legal Centre Who? NQWLS solicitor + support worker attend TSV and CNS courts on List Days. Stakeholders: DV Prevention Centre contact inside and outside court room NQWLS assists women who are both applicants & respondents. Working in conjunction with court support staff from local DVRS and police prosecutors, other stakeholders Magistrates Court Court staff assist solicitors, registrars aware and understand process Referrals made to other legal service providers & community organisations as appropriate. Police Prosecution
WLSQ DV Lawyer Service Holland Park Magistrates Court Wednesday 1- 4pm 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? Cairns Thursday Thursday from 10:30am until court finishes/no more assistance required (approx. 1-2pm) Commenced 13 Oct. 2014 for 12 month pilot project Townsville - Monday, Wednesday, Friday 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
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 Cairns Magistrates Court Southport Mags DV Court Southport Mags Court DV Court Court -small -women s only area -3 rooms (2xsolicitors, 1xsupport worker Access to photocopier Solicitor advises from within the DV safe room for women only. Each supplier within close proximity to courthouse Townsville Magistrates Court 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). 2 interview rooms within safe room solicitor occupies one of these. DVPC social workers and DV court staff have own office in safe room
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 orders WLS referrals Generally no rep. for hearings Provide advice and appear in some matters e.g. temporary orders, adjournments, directions. Social workers announce free advice and solicitors presence Advice 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 application Matters considered on a case-by-case basis as to how NQWLS can best assist in the circumstances. Referrals as required. Representation 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 info Attend 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 computer Solicitor keeps record of service demand Conflict check explanation carefully worded Representation = opened as a case and client sent a letter Unrepresented = verbal advice only, no case Solicitors arrive for their rostered shift DV 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.
