movement (alrm) voice-treaty-truth · 2020. 1. 9. · statement of the heart movement and lived by...

AboriginAl legAl rights MoveMent (AlrM)

Annual Report 2018/19

JUstiCe WithoUt PreJUDiCe

Voice-Treaty-Truth

© Aboriginal Legal Rights Movement

This work is copyright. Apart from use as permitted under the Copy Right Act 1968, no part may be reproduced without the permission of the Chief Executive Officer, ALRM. This report is available from ALRM offices, and can also be downloaded from www.alrm.org.au

ABN: 32 942 723 464 ISBN: 978-0-9775994-7-9

ALRM is aware that many Aboriginal people are offended by the depiction of deceased members of their communities. While we have made every effort to ensure that only pictures of Aboriginal people still living are used, the Aboriginal community is respectfully advised that some photographs may contain images of people who have passed away.

ALRM acknowledges the Australian Government, the Federal Attorney-General’s Department, the South Australian Department for Premier and Cabinet, the South Australian Department for Families and Communities for funding support. It also acknowledges the significant support from the Commonwealth Bank and the Wyatt Benevolent Institution Inc (The Wyatt Trust).

Funding Bodies:

major stakeholders and supporters:

ALRM ACKNOWLEDGEMENT of TRADITIONAL OWNERS“We acknowledge this land that we meet on today is the traditional lands of the Kaurna people and that we respect their spiritual relationship with their country.

We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still as important to the living Kaura people today.

We also pay respects to the cultural authority of Aboriginal people visiting/attending from other areas of South Australia/Australia present here”.

ANNUAL REPORT 2018/192

Justice without prejudice

CONTENTSAbout ALRM ......................................................................................................................................................4

ALRM Locations ...............................................................................................................................................5

Letter of Transmittal ......................................................................................................................................6

ALRM Board .......................................................................................................................................................7

Chairperson’s Report ....................................................................................................................................9

Chief Executive Offices Report ...........................................................................................................11

Organisational Structure .........................................................................................................................16

Aboriginal Services .....................................................................................................................................18

Aboriginal Visitors Scheme ....................................................................................................................22

Financial Counselling Services ............................................................................................................23

Civil, Family Law & Child Protection .................................................................................................24

ALRM Criminal Section .............................................................................................................................27

Corporate Services .....................................................................................................................................30

Port Augusta Report ..................................................................................................................................31

Ceduna Office Report ...............................................................................................................................35

Port Lincoln Report ....................................................................................................................................38

Statistics Report 2018/19 ........................................................................................................................42

Financial Statements .................................................................................................................................45

Acronyms & Abbreviations ....................................................................................................................54

3ABORIGINAL LEGAL RIGHTS MOVEMENT

Aboriginal Legal Rights Movement (ALRM)

ALRM is an Aboriginal community controlled organisation. It is governed by 10 Directors who are appointed

from Aboriginal communities from metropolitan and country centres across South Australia.

Through the provision of legal services and associated activities, ALRM promotes legal, cultural, economic,

political and social rights for dispossessed Aboriginal and Torres Strait Islander people throughout South Australia.

ALRM’s major aim is to advance the legal interests of Aboriginal people in South Australia and to ensure that

those interests and rights are protected by the law and not adversely affected by abuse or misuse of any

powers under the law.

ALRM provides comprehensive legal advice and assistance through our staff, lawyers and where appropriate by briefing private lawyers to the Aboriginal and Torres Strait Islander people resident in South Australia.

about alrm


alrm’s FreeCall numBer 1800 643 222.The number is available from fixed phone lines or from mobile phones within South Australia.

ALRM LOCATIONS

Ceduna

Pt Augusta

AdelaidePt Lincoln

adelaide oFFiCe

321–325 King William StreetAdelaide SA 5000

Ph: (08) 8113 3777(24 hour service for emergencies)Fax: (08) 8211 7618 (Admin) or(08) 8113 3755 (Legal)

Email: [email protected]

Website: www.alrm.org.au

**murray Bridge is serviced from the ALRM Adelaide Office

port linColn

12 Lewis Street Port Lincoln SA 5606Ph: 0447 618 292

port augusta

12 Church DrivePort Augusta SA 5700Ph: (08) 8113 3788

Ceduna

Cnr East Terrace and Merghiny DriveCeduna SA 5690Ph: (08) 8113 3799


Letter of Transmittal

The Honourable Christian Porter MP

Attorney General

Parliament House

Canberra ACT 2600

Dear Attorney

I have pleasure in presenting the Annual Report of the Aboriginal Legal Rights Movement for the Financial Year 1 July 2018 to 30 June 2019.

On behalf of the ALRM Board of Directors, I extend our appreciation to the Australian Government

for its ongoing financial and support to The Movement, to provide culturally safe and accessible Aboriginal legal services for Aboriginal & Torres Strait Islander peoples of South Australia.

Yours sincerely

SANDRA SAUNDERS

Chair person


SANDRA SAUNDERS

Chairperson

LYN JONES ROSNEY SNELL

LUCY EVANS

FRANK LAMPARD

MICHAEL COUGHLAN

LEZ TAYLOR

SANDY MILLER

ViCe Chairperson

BRENDA CARTER

seCretary/treasurer

ALRM Board of Directors

ALRM is an Aboriginal community controlled organisation governed by an

all Aboriginal Board of Directors, appointed by an independent Appointment

Committee. Our board meets quarterly. If you are interested in becoming an ALRM Director, please contact the CEO in the first instance. Your expression of

interest will be forwarded to the chair of the Board Appointment Committee.

Absent photos:

David Rathman, Director

Ian Sansbury, Director


Mr Tauto Sansbury ‘JUSTICE WITHOUT PREJUDICE’

We dedicate this year’s AGM in loving memory of our long standing and committed Brother, Tauto Sansbury. Tauto passed away in September 2019. Tauto was always a passionate support of the Movement since the 1970s. He

was a much loved and a well-respected ALRM Board Director and employee and Elder.

Tauto was a very strong leader and respected Elder who worked tirelessly towards achieving ‘Justice Without Prejudice’ for all our peoples in SA and across the Nation.

Tauto was actively involved in the Uluru statement of the Heart movement and lived by its mantra calling for Voice, Treaty, Truth.

Brother Tauto, We will hold our dear memories of you close to our hearts. We will miss your

advocacy, your passion, your deadly humour and your cheeky nature.

We extend our sincere condolences and send our love to all of Tauto’s loved ones and extended family members.

With much love and respect from

The ALRM Board of Directors, CEO and Staff

Special Tribute �


Welcome to our 2019 Annual Report.

Once again ALRM has faced a very busy year, filled with numerous challenges but also some great runs

on the board.

Our CEO has continued with the national and local lobbying so essential for Aboriginal Controlled

Community Organisations, particularly for Aboriginal Legal Services, which are threatened by the

Coalition Government’s announcement that from 2020, funding for Aboriginal and Torres Strait Islander

Legal Services would be mainstreamed into a national mechanism, abolishing the Indigenous Legal

Assistance Program.

In a time where there is growing commitment to Aboriginal self-determination across the Nation, our

Aboriginal Legal Services funding must remain as a stand-alone program. Our Aboriginal Legal Services

are vital to addressing the continual many injustices our peoples face across the nation.

We congratulate Billy Haseldine from our Ceduna office who is the successful 2019 male recipient of

the National Aboriginal & Torres Strait Islander Legal Services – Trevor Christian Memorial Award. Billy

received this award in recognition of his outstanding performance, commitment and contribution to

our community.

ALRM are sad to say goodbye to Sharmaine Wilson who has worked in the Movement for approx. 30

years. Sharmaine brought a wealth of knowledge and experience to her role as a Senior field officer and

more lately as manager of our Port Augusta office. Her dedication to community and her outstanding

performance has been acknowledged over and over again and Sharmaine has won many awards for her

outstanding work including a Gladys Elphick Award and more recently the National Aboriginal & Torres

Strait Islander female recipient Trevor Christian Memorial Award in 2018.

On behalf of the staff and board I would like to say a massive “thank you” to Sharmaine – we wish you all

the best in your well-deserved retirement.

Calling all young Aboriginal community members with an interest in Aboriginal Legal Rights!

We are keen to encourage our younger generation to become ALRM Board members. Calling all young

people with an interest in Aboriginal Legal Rights! The ALRM Board of Directors is very keen to see more

young people on board. If you are an Aboriginal person between the ages of 18 and 35, a member of

the ALRM (memberships forms available on our website) we would love to hear from you.

ALRM offers governance training and a great opportunity to work with some of South Australia’s most

experienced members of our communities. This is a great opportunity to grow and to nuture our future

community leaders. Please contact me via the CEO or her EA and let’s have a yarn about it. This is an

invaluable opportunity to learn and contribute to your community.

ChairPerson’s report Sandra Saunders

Chairperson

Special Tribute �


Sign up to be an ALRM Member!

To be eliglible for membership, a community member must be a minimum of 18 years, an Aboriginal &/or

Torres Strait Islander living within South Australia. You can find a membership form in the Annual Report –

just pull it out and post it or drop it in to reception.

On behalf of the Aboriginal Legal Rights Movement Board of Directors, we thank our staff for their commitment to our communities across South Australia – and - we thank you, our great supporters for

your continued support to ALRM.

We wish you all a happy and safe year ahead.

Sandra Saunders

Chairperson


We have had a very good last 12 months. We continue to maintain a healthy low risk rating with our

funders and we to deliver high quality and culturally safe legal and community services to our community members across the State.

ALRM remains committed to achieving ‘Justice Without Prejudice’ for our peoples.

In the coming year all Aboriginal & Torres Strait Islander Legal Services (ATSILS) will be facing new

challenges. As noted in the Chairs report, the Coalition government has determined to disband the Indigenous Legal Assistance Program (ILAP). This is despite its own Review into the delivery of the

program providing a very positive report of the ILAP program and its achievements and its number (1) Recommendation, being, to maintain the ILAP program. What this proposal means for all Aboriginal

& Torres Strait Islander Legal Services (ATSILS) is that current Commonwealth funding will no longer

be received as a direct grant of from the Commonwealth Attorney Generals Department. Funding is proposed to be filtered through each State and Territory Government. Our National body the National

Aboriginal & Torres Strait Islander Legal Services (NATSILS) is to sit under a separate grant portfolio.

This decision, is in contradiction of the current governments commitment to the principles of Aboriginal self-determination. It is in direct conflict of the commitment made to National Peak Aboriginal

community controlled organisations, a commitment signed off by the Commonwealth, State & Territory

governments through a National Partnership Agreement, to advance Closing the Gap, achieved through the advocacy a National Coalition of Aboriginal community controlled peak Organisations, for which

ALRM is a member.

The Movement in line with NATSILS and with a wealth of support from across the Aboriginal community

controlled and legal assistance sector called upon the Coalition government to overturn its decision to disband the ILAP to ensure the self-determination of our peoples.

CHIEF EXECUTIVE OFFICER’s report Cheryl Axleby

Chief Executive Officer


As of writing this report we have been advised that the all Aboriginal Legal Services will be funded

under a new National Legal Partnership Agreement, that our funding will be quarantined in the Agreement, added will be a clause to ensure self-determination of our Aboriginal Legal Services, and

that we will receive a 5-year funding agreement with a slight increase in funding.

We will continue to work towards ensuring there is accountability and we remain very concerned about

being placed within a mainstream construct. Reason being, it has the potential to impact upon our self-determination, our identity as Aboriginal community & legal services sector, our cultural strengths

and upon the cultural safety. Despite this challenge, we will continue to strive towards improving access to justice and for the rights for our people, for which we have provided for nearly 50 years, to our

community members across the Nation.

The Board of Directors and our ALRM team will work towards meeting the aim and objectives of ALRM,

which is to ensure that we continue to deliver our services in line with the cultural aspirations of peoples and our communities in which we serve.

Achievements over the last 12 months:

• Completed the 3rd year of our strategic plan

• Reviewed our service provider contracts resulting in reduced costs

• Implemented a new finance & accounting system

• Updated our website

• Opened our own office based within the Port Lincoln community

• Assisted in the establishment at least 3 Aboriginal focused courts

• Received funding for the Aboriginal Listing day in the Family Court

• Received funding to run programs in the community and in the Adelaide Remand Centre and Port Augusta Women’s Prison and APY Lands

• Delivered numerous Community Legal Education Programs - examples

- Creating awareness on child protection and rights on family

- Promotion of the Aboriginal & Torres Strait Islander listing day in the Family Crt,

- Know your rights program on the APY lands,

- Participated in community open day events and Reconciliation community events in the metro and country regions

- Delivered ‘know your rights session’ with youth in Port Lincoln High School

ALRM has also received funding for the coming financial year for a Prison Care Program. The program will deliver case management support to our community members exiting prison – engagement to

be had 3 months prior to release to support their transition back into the community and linking them with supports eg; housing, counselling, health and wellbeing, training and development, employment,

education and programs.

ALRM has employed 4 case managers and a co-ordinator/case manager to work with our people

transitioning from ARC, Yatala, Adelaide Womens Prison, Mobilong and Cavan Youth Training Centre. We are excited about delivering these services to our community and look forward to assisting our mob to

alternative pathways away from the prison system.

Many thanks to our committed Board and Staff at ALRM for their great work and support. We truly have

a Deadly Board and Team at ALRM. Our community/ies are in good hands.

Acknowledgement to our funders and our supporters, our members and to the wonderful people who make in-kind donations to ALRM. We sincerely thank-you for your ongoing support.

Nukkan Ya til next time

Cheryl Axleby

Chief Executive Officer




321-325 King William St. Adelaide SA 5000

PLEASE RETURN THIS FORM TO:


BECOME A MEMBER OF ABORIGINAL LEGAL RIGHTS MOVEMENT

In 2017 ALRM became a Company Limited by Guarantee. One of the changes that has occurred as a consequence, is that

the organisation is now required to formally maintain a membership register. This means that we now need people to

officially join the Movement in order to be considered to be members (whereas formerly, every Aboriginal person over

the age of 16 and resident in South Australia was automatically a member of ALRM). Every Aboriginal person over the

age of 16 and resident in South Australia is still eligible to become a member of ALRM.

On the other side of this page you will find the membership form which can be torn out of the Annual report, filled

in and returned to ALRM. You will then be registered as a member and be entitled to vote at ALRM General Meetings,

invited to ALRM gatherings, receive a copy of our newsletter Your Legal Rights and also be entitled to become an ALRM

Director. If you have any problems returning the membership form to ALRM, please contact us on 8113 3777 and speak

to Ashum or Frances who will assist you.

MEMBERSHIP APPLICATION FORM


MEMBERSHIP APPLICATION FORM

MEMBERSHIP APPLICATION FORM:

I hereby apply for membership of the Aboriginal Legal Rights Movement

I declare that I am eligible for membership under Article 4.1 of the Constitution and I am willing to be bound by the Aboriginal Legal Rights Movement Constitution

I understand that my membership is valid until I cease to become a member in accordance with Article 4.10 of the Constitution. A copy of the Constitution can be viewed at the Company’s registered office address, 321-325 King William Street, Adelaide, South Australia, 5000

and

As the Company is a public company limited by guarantee, I agree to contribute to the Company’s property an amount not exceeding $1 if it is wound up during my period of membership, or within one year of me ceasing to be a member.

INDIVIDUAL MEMBERSHIP:

ALRM Constitution - Membership - 4.1(a) page 12 - An individual may apply for membership of ALRM if the person is an Aboriginal or Torres Strait lslander over the age of 16 years and a resident of South Australia on a permanent basis (principal place of residence is within SA)

Name:....................................................................................................................................................... D.O.B: ....................................................

Address.........................................................................................................................................................................................................................

Phone: .............................................................................. Email: .........................................................................................................................

Signature: ............................................................................................................................................. Date: .....................................................

ORGANISATIONAL MEMBERSHIP ONLY:

ALRM Constitution – Membership – 4.1(b) page 12 - An entity may become a member if it is approved by, and nominates a representative that is approved by, a majority of the Directors

Name of Organisation: .....................................................................................................................................................................................

Name of Representative .................................................................................................................................................................................

Contact Details: .....................................................................................................................................................................................................

Signature: ............................................................................................................................................. Date: .....................................................

FOR ALRM OFFICE USE ONLY:

Application tabled at Directors’ meeting held DATE:

Directors confirmed Applicant is eligible for membership YES NO

Entered on Register of Members DATE:

Chairperson Signature: ............................................................................................................. Date: .....................................................

ALRM BOARD

ACCOUNTANTOPERATIONS

MANAGER

AboriginAlField oFFicerS

reception / Admin

Senior Solicitor

SolicitorS

pAyroll reception / Admin

reception

cedunA oFFice hAS line

mAnAgement For port lincoln

FinAnce

reception

legAl SecretAry

cASe Worker / AboriginAl

Field oFFicerS

FinAnciAl counSellor

inFormAtion technology

oFFicer

OFFICE

ADMINISTRATOR

PT AUGUSTA

OFFICE ADMINISTRATOR

/ LEGAL SECRETARY

CEDUNA


EXECUTIVE ASSISTANT

CHIEF EXECUTIVE OFFICER

ABORIGINAL

COMMUNITY LEADERSHIP

REFERENCE GROUP

CRIMINAL

PRACTICE

DIRECTOR

SolicitorS

VolunteerS

lAW clerk

legAl SecretArieS

ABORIGINAL

SERVICES

DIRECTOR

eXecutiVe ASSiStAnt

community legAl educAtion

oFFicer

AboriginAl ViSitorS Scheme

AboriginAl ViSitAtion progrAm

pcp AboriginAl cASeWorkerS /

AboriginAl Field oFFicerS

CIVIL

PRACTICE

DIRECTOR

VolunteerS

SolicitorS

legAl SecretArieS

lAW clerk

OFFICE

ADMINISTRATOR

PT LINCOLN

AboriginAlField oFFicer

AboriginAl Senior

Field oFFicer


The Aboriginal Services Directorate has had a change in Director and direction.

This year, Melanie Clarke resigned from the position of Director for Aboriginal Services.

Ruth Miller is the Acting Director. The Aboriginal Directorate has had some major changes to it due to the then PMC (now known as) the National Indigenous Australians Agency (NIAA) funding ALRM to deliver a Prison through the Prisoner Care Program (PCP).

The Prisoner Care Program (PCP)

The Prisoner Care Program (PCP) will have a staffing of 4 case workers and 1 co-ordinator. The Aboriginal Case Worker is responsible for delivering pre, during and post release prisoner care services. Services must be provided to Indigenous prisoners (male and female) and Indigenous juvenile detainees (clients) to assist them to successfully reintegrate back into the community following detention in South Australian prisons and detentions Centre’s. ALRM will deliver services for our community members with lived prison experience from the following prisons/institutions: - Yatala, Mobilong, Adelaide Remand Centre, Adelaide Women’s Prison and Cavan Youth Training Centre.

Aboriginal Services

Stakeholder engagement

prisoner care program

(pcp)

Aboriginal Visitors Scheme

(AVS)

SAAccon

closing the gap

Adelaide remand centre Aboriginal

Visitation program

(AVp)

community legal education

(cle)

Aboriginal Field ServicesABORIGINAL

SERVICES DIRECTORATE


Aboriginal Field Officers

There are currently 11 Aboriginal Field Officer positions servicing across South Australia. There are 6 in the

Adelaide office, 2 in Port Augusta, 1 in Ceduna and 2 in Pt. Lincoln. Aboriginal Field Officers are the first point of contact for many Aboriginal people who come into contact with the Criminal Justice system.


Aboriginal Field Officers are a 24/7 service and can be contacted on the 1800 643 222 number.

Police are required to notify ALRM of any arrest of an Aboriginal person in South Australia. Police must

advise that Aboriginal person when they are detained, arrested or interviewed that they have the right to seek legal advice. Where requested, Police must request the ALRM Aboriginal Field Officer to call and

speak with the detainee or to attend the Police station to speak with the detainee.

The role of Aboriginal Field Officers is to provide support and para-legal advice to Aboriginal people

who are detained in police or prison custody or who have to attend court. Field officers are required to maintain strong links with Aboriginal communities and to assist Aboriginal people to become more

aware of their legal rights and responsibilities in relation to the law.

The promotion of ALRM and guest speaking is also a role undertaken by Aboriginal Field Officers.

The Aboriginal Field Officers also attend Nunga Courts to work with the lawyer to provide support and

legal support.

Other important working relationships to support clients are; Police, Client families and communities,

Aboriginal Liaison Officer and Prison staff (Department of Correctional Services), Aboriginal Justice Officers (Courts Administrations Authority and other Aboriginal and mainstream non-Government

Organisations).

Aboriginal Visitation Program – Adelaide Remand Centre

The Aboriginal Visitation Program at the Adelaide Remand Centre is to:

• SupportAboriginalprisonerstosecureappropriatebailaccommodation• IndependentvisitorandsupportfornewlyadmittedAboriginalPrisoners• Care,comfort,communicationwithfamily,supportplusreferrals• Advocacy;and• ImprovedcasemanagementofAboriginalpeoplethroughimprovedinformation

Due to the success of the program, ALRM has received funding to deliver the program in 2019/20.

Zoe Saunders

Field OfficerRobert Gillespie

Senior Field OfficerLynette Milera

Field OfficerJordan Agius

Field Officer


Anangu Tjitji Rikina Program

The Anangu Tjitji Rikina program was funded by the Department of Human Services and Department

of Education. ALRM delivered four (4) Community Legal Education Programs to Aboriginal young people at Pukatja, Mimili, Fregon and Yalata.

The project outcomes included:

• The enhancement of personal safety, wellbeing and resilience in Anangu Tjitji,

• The voice of Anangu Tjitjis through song – This can be viewed on ALRM You Tube Page, and,

• Upskilling of Community, family and lands based workers on the rights and safety of Tjitji.

The program was well received and we look forward to future funding opportunities to provide CLE

on the lands.

South Australian Aboriginal Community Controlled Organisation (SAACCON)

The South Australian Aboriginal Community Controlled Organisations Network (SAACCON) has been

established under the Partnership Agreement on Closing the Gap.

The SAACCON was developed on 12 December 2019 in response to the “Closing the Gap” refresh consultations.

This network of Aboriginal Community Controlled Organisations in SA is best placed through their governance, programs and service delivery, and community engagement, to inform the design,

implementation and monitoring of Closing the Gap.

In response to representations made by the National Coalition of Peaks (CoP), the Council of Australian Governments (COAG) committed to ensuring that the finalisation of targets and implementation of the

(Refreshed) Closing the Gap framework occurs through a genuine, formal partnership between the

Commonwealth, state and territory governments and Aboriginal people through their representatives.

SAACCON will provide advice, recommendations and guidance to the National body the Coalition of Peaks to inform the agreement making and negotiation on policy development and strategic planning

for Closing the Gap at the National and State level.

SAACCON will also be the lead for agreement making, policy and program development,

implementation and oversight of Closing the Gap with the South Australian Government.

We encourage all SA Aboriginal Community Controlled organisations to become a Member of SAACCON. Please contact Ruth Milller for further information.


Community Legal Education

The role of Community Legal Education Officer (CLE) is to provide our community with information

and knowledge around current Laws in South Australia and how they affect Aboriginal people. The ALRM CLE Program plays an important role in engaging, educating and informing the Aboriginal

community about their legal rights and responsibilities, and ALRM services.

The CLE Officer is primarily responsible for:

• Engaging with Aboriginal communities

• Coordinating ALRM Community Events.

• Development, management and distribution of ALRM promotional and educational material

• Implementing ALRM communication strategy

• Networking with service providers and other organisations.

• Producing a quarterly newsletter, annual report, media releases and other publications as directed.

• Maintaining of ALRM information such as our website, facebook, ALRM Youtube page and twitter

• Research and submission writing

• Assist in the application of funding grants to enable the carrying out of CLE functions.

• Developing and delivering CLE programs and presentations to community and wider sector

• Assists with support programs that are aimed at addressing some of the issues known to contribute to Aboriginal people coming into contact with the justice system

2018/19 Events

The following is some of the activities undertaken by the CLE officer which involved ALRM:

• Suicide prevention network forum meeting for the Adelaide CB

• Represent ALRM @ community events – stalls etc

• NAIDOC Family Fun Day 2018 – metro and country regions

• Survival Day

• Closing the Gap days in metro and country regions

• Sorry Day

• Hosted the Family Matters, Because of Them, We Must event

• Co-hosted ALRM Child Protection Awareness Forums

• Media Releases and support with liaising with media

• Delivery of program in Port Augusta Women’s Prison


Aboriginal Visitors Scheme Following upon the establishment of the Aboriginal Visitors Scheme (AVS) in response to the Royal

Commission recommendation, the fundamental aim of the scheme is to reduce the risk of self-harm

and death of Aboriginal and Torres Strait Islander people in police custody. The visitors provide a unique after-hours service to Aboriginal people who have been arrested by police and are detained in police cells,

whilst waiting to be granted bail, from either the police or the court.

Whilst being detained in police custody Aboriginal people may feel upset, lonely, angry and/or

confused. This can then lead to thoughts of suicide and acts of self-harm. They may also be suffering from underlying chronic health conditions that they may be unwilling to disclose to police. Police have

a duty of care towards detainees and the presence of an AVS visitor can provide valuable assistance and information to police in caring for those in their custody. SAPOL and the AVS work in partnership

towards safeguarding the health and well-being of detainees.

When an Aboriginal person is taken into police custody, police are required to request a visitor from

the AVS. South Australian Police General Orders Custody Management of Aboriginal Prisoners states that when an Aboriginal person is in custody, police should seek the assistance of the AVS as soon

as reasonably practicable and extend their full cooperation. In addition to police requesting AVS, the detainee, their family and friends, or their legal representative, can request the attendance of AVS.

The AVS service operates between 5pm – 9am weekdays, and 24 hours on weekends and public holidays, thus complementing the Monday to Friday 9am – 5pm service provided by ALRM Field Officers

and lawyers. The AVS is therefore an integral part of an invaluable 24/7 service to Aboriginal detainees in police cells.

When an AVS visitor attends a police station they:

• assist police with their duty of care and responsibility for the detainee, and help keep open communications between the detainee and the police

• provide care and comfort to Aboriginal people in police custody

• consider any needs of the detainee including, medical, legal, counselling, family support and

relationship with the police

• assess the condition of the detainee in police custody and report to the Officer in Charge if any

concerns or issues are identified

• liaise with and access local community agencies that can provide additional support and assistance to the detainee.

Police Station AVS Worker

Adelaide City Watch House Shaun Russell

Elizabeth Shaun Russell

Port Adelaide John Freesmith

Sturt/Christies Beach Dylan Branson /Lana Lloyd

Berri Daniel Matthews

Ceduna Vacant

Port Augusta Frank Klavora

From 30th June 2018 until 30th June 2019 in total AVS Workers upon request visited 258 people.

Aboriginal Field Officers will provide AVS care, comfort and support to other 24/7 Police Custody

facilities where AVS staff are unavailable.

We thank our committed AVS Workers for providing such a valuable service to our communities.

AboriginAl visitors

sCheMe (Avs)


Financial counselling Report

Aboriginal Financial Counselling Services continues to grow its services through maintaining solid foundations with other stakeholders who in turn refer clients for ALRM’s financial counselling services.

Ralph Coulthard continued to work with clients in Port Augusta, the APY lands, this year joining the criminal

circuit. In addition, he was seeing clients from Pt Pirie, Whyalla, Coober Pedy and the Flinders Ranges.

Ralph and ALRM’s Civil Lawyers achieved a fantastic outcome for our Community Members in Coober

Pedy. A further outcome is that the Ombudsman is in the process of investigating the provision and cost of electricity to people in Coober Pedy. The matter is still ongoing and final recommendations to resolve the

issues are expected later in the year.

Eva is staffing the Adelaide office mainly and sees clients in the South who are being referred to her by

various stakeholders on a needs basis. The amount of referrals has again increased in the last financial year which is an indication that networking with other agencies and building rapport is a successful way of

servicing clients in need of culturally appropriate financial counselling.

Bec, who left in June, was assisting in servicing from the Adelaide office and was running periodic

outreach sessions in Elizabeth and Murray Bridge.

The team continued to support various events where ALRM was represented with a stall such as NAIDOC and Sorry Day thereby providing exposure of the counselling services we offer. The future direction for

financial counselling services is to increasingly work to a greater level of collaboration with both legal teams and field officers in house to achieve the best possible outcome for clients on varying levels of need

and support.

Financial counselling services are funded through the ongoing generosity of the Commonwealth Bank

and The Wyatt Benevolent Institution to whom we extend our appreciation and gratitude.

Tax help is being run again this year. This service is proving to be very popular with our Community.


Civil, Family Law & Child Protection

Service Delivery

The Civil Section Team once again have committed in providing excellent service to our clients. The staff are integral to the unique culturally appropriate service that we provide and that is central to our legal

practice. Without the staff it would be impossible to achieve our high standard in service delivery and the

requirement targets as set out by our funder the Attorney General’s Department.

The Civil Team:

Dimitra Droulias Civil Practice Director

Josie Jones Legal Secretary George Lesses Senior Civil Solicitor

Sharon Lucas Duty SolicitorChelsea Marks Law Clerk

Simon Perrie Family Law/Child Protection Solicitor

Lynn Valentine Senior Family Law Solicitor

Civil

This year the demand for Civil Legal Assistance in both State and Federal Jurisdictions has increased

considerably with corresponding challenges to budgetary restraints and legislative changes. The Civil Section continues to deliver high quality services to Aboriginal and Torres Strait Islander people in

South Australia, in particular clients who live in regional and remote regions who demand a culturally appropriate response. The service provides assistance with community education, advocacy, advice and

representation regarding Family Law, Child Protection and Civil law matters including personal injury

(motor vehicle accidents, public liability & victims of crime) and Abuse in State Care.

Front row (L to R): George Lesses, Dimitra Droulias

Back row (L to R): Lynn Valentine, Sharon Lucas, Simon Perrie Absent: Josie Jones and Chelsea Marks


Our service is accessible to individuals and to the

community. We offer a duty solicitor service that provides assistance over the phone or face to face with

initial enquiries regarding legal problems and present information to help clients understand their situation.

This service helps clients work out what to do next and

the best place to go if they require further assistance. Our duty solicitor service also helps with drafting

letters and other documents for clients and makes telephone calls on their behalf to resolve their legal

problem. This type of assistance is deemed as minor legal assistance and generally relates to housing issues

and police complaints.

We also provide legal representation in Family Law

and Child Protection matters where children are removed by welfare authorities or where there are

competing applications for custody between parents

or extended family members involving children. We also attend on behalf of clients relating to Family Dispute Resolution Conferences in Family Law matters at the Legal Services Commission to facilitate a

resolution of disputes at an early stage prior to litigation. We also assist clients with appearances in the South Australian Civil & Administrative Tribunal and the Contact Arrangements Review Panel, two new

jurisdictions created by the new Child Protection legislation.

The successful outcomes we have been able to achieve for clients would not be possible without

our highly skilled and equipped legal and support staff. Our lawyers understand and protect the rights of individuals through advocacy and legal representation.Our clients generally have multiple

layers of disadvantage which in many instances can be traced back to childhood. We have a sound understanding and knowledge of the nature of this disadvantage and work collaboratively with other

Aboriginal controlled organisations in a holistic approach and usually intervene before the legal problem

is escalated.

Our priority in relation to Child Protection is to continue to prevent children from entering into the “out-

of-home care” system and remain in the care of family and/or community.

Representation is also provided in personal injury matters where we have negotiated settlements on

behalf of clients relating to their compensation claims.

Family Law

The operation of the Aboriginal and Torres Strait Islander Family Law List of Judge Kelly of the Federal Circuit Court in Adelaide since March 2018 allows for Aboriginal Families to assume responsibility and

care for Aboriginal and Torres Strait Islander Children when parents are in situational crisis as a result of family violence, mental health and substance misuse.

The Aboriginal and Torres Strait Islander Family Law List is supported by a number of Aboriginal Organisations (Nunkuwarrin Yunti Health Service, Aboriginal Sobriety Group & Kornar Winmil Yunti) and

Non-Aboriginal Organisations (Legal Services Commission and Relationships Australia). These organisations assist the List by providing duty solicitor service, domestic violence workers, family support workers and

counsellors on List days. The wrap around services are provided to litigants on the day of the hearing and

to provide them with services which will assist them to address risk factors regarding their children.

We represent between 60%-70% of matters that are before the Aboriginal and Torres Strait Islander Family Law List. In 2019, ALRM also became a member of the Steering Committee of SA Pathways. Our

aim is to continue to advocate the establishment of Roadshows to Aboriginal Communities throughout South Australia to support Judge Kelly’s Aboriginal and Torres Strait Islander Family Law List.


Child Protection

It has also been a very busy year with our Child Protection section with the commencement of the

operation of the Children and Young People Safety Act (2017) which came in full force in October 2018. The Act has, amongst other things, removed the jurisdiction of the Chief Judge and Magistrates of the Adelaide

Youth Court to make orders about whether and to what extent parents and others may have contact with

children when an order for guardianship or custody of a child is made in favour of the Chief Executive.

The new Act provides for those decisions to be made by the Chief Executive Officer for the Department for Child Protection. If a parent is dissatisfied with that decision and if an internal review process does not

resolve the matter, a parent may apply to the Contact Arrangements Review Panel (CARP) for a review of the CEO’s decision. Current indicators are that the (CARP) review is dealt with on papers with no right

of appearance by a parent or an Independent Children’s Lawyer. There is no documented process for

obtaining the independent views of the child/ren. We are deeply concerned that unless clients have assistance with preparing their submissions to (CARP) and raising concerns regarding natural justice and

procedural fairness for parents, children and other care givers with the Department for Child Protection that more Aboriginal Children will lose contact with parents, families and community and culture.

We are of the view that there may well be test case opportunities for Judicial Review for decisions of (CARP) to hold government to account regarding the operation of the Aboriginal and Torres Strait

Islander Child Placement Principle.

A further jurisdiction that has been created by the Children and Young People Safety Act SA (2017) by way of review of certain decisions other than in relation to contact with children dealt with by (CARP). These

are -

Decisions of the Department for Child Protection reviewable by the South Australian Civil and

Administrative Tribunal (SACAT) include:

• Decisions regarding the placement of children by the Department of Child Protection;

• Care, Education and Health of the child in care;• Decisions as to the approval of carers;

• Directions that a person not communicate with, harbour or conceal a child in care;• Decisions regarding licensing of Foster Care agencies’ and

• Decisions concerning licensing of Children’s residential facilities.

SACAT has made clear that parties before SACAT are entitled to have legal representation. Again, SACAT

cannot review decisions of the Chief Executive until an internal review process has been completed. We anticipate that many of our clients will be unable to access this process unless assisted to do so by our

legal staff. Our clients are the most vulnerable in terms of literacy and self-advocacy and yet are required

to navigate two new highly bureaucratic systems of review.

National Redress Scheme for Institutional Child Sexual Abuse

The establishment of the National Scheme for Institutional Child Sexual Abuse was recommended by the Royal Commission into Institutional Responses to Child Sexual Abuse. The Scheme commenced 1

July 2018 and will be in operation for ten years. We have submitted applications on behalf of clients who

were removed from their families and suffered abuse while in state care. We have worked collaboratively with Nunkuwarrin Yunti Health Service and Relationships Australia to ensure assistance is provided and

supports are in place when dealing with such matters that are highly sensitive. The process has been traumatic for our clients when filling out their applications as it brings back horrible memories of their

childhood. We have started to receive offers from the government regarding claims which negotiations

are continuing. The Scheme paid payment is capped at $150,000.00.


ALRM Criminal Section

Report by Amanda Lambden, Criminal Practice Director

The ALRM Criminal Section is committed to providing frontline legal services to rural, regional and remote areas of South Australia. ALRM provides service to both youth and adult clients with in-house legal services from arrest to parole. Criminal Section legal services include duty solicitor service at the Youth Court and Magistrates Courts. We also provide advice and representation for clients facing criminal charges, ranging from relatively minor street offences in the Magistrates Court through to the most serious charges in the District and Supreme Courts including drug trafficking, sexual assaults and murder. Further, clients seeking to appeal to the Supreme Court for Bail Reviews, Court of Criminal Appeal and to the High Court are also provided with advice and representation.

Challenges over the last year have been consistent with many before. Further introductions of new courts coupled with the need to be able to provide quality services within existing budgetary constraints remains an ongoing task due to large geographical distances and client numbers that need to be represented.

As a result of legislative changes, the number of clients now appearing in the Higher Courts, in particular the District Court, has increased substantially over the last few years. It is a trend that is likely to continue, with the State Government increasing penalties for a number of criminal offences, so that they must be dealt with in the District or Supreme Courts.

In 2018–19, our Lawyers and In-House Counsel team led by Grahame Lang, again showed their commitment to providing quality specialist legal advocacy services efficiently and effectively. Counsel continued to undertake complex trials and sentences in the Supreme, District and Magistrates Courts. They also appeared in appeals against sentences and/or convictions before the Court of Appeal, including matters in which the Attorney-General had appealed against the sentence.

Garen Truscott provided representation to an increasing number of Clients appearing in the Supreme Court pursuant to the The Criminal Law (High Risk Offenders) Act 2015. These laws allow the South Australian Supreme Court to make orders for supervision of “high risk offenders” that extend beyond the expiry of any term of imprisonment or parole period.

Bernadette RollinsonLawyer

Laura BulfonLawyer

Alexandra HayterLawyer

Nick ThomsonLawyer

Emily GravesLaw Clerk

Garen TrustcottParole LawyerExtended SupervisionCoronial Inquests

Amanda LambdenCriminal Practice Director

Grahame LangSenior In House Counsel

Melanie AylingLawyer

Stephanie MooreLawyer

Taylor JohansonLawyer

Phil EdwardsLawyer

Absent: Rosie Denny and Megan McDowall the Junior In House Counsel and Major Indictable Lawyers, Ben Sturm,

Lawyer and Della O’Brien, Law Clerk


Under the Act, both serious sexual offenders and serious violent offenders will be considered “high risk offenders”. Garen has also represented clients facing applications for indefinite detention. These applications will potentially mean that people will be locked up until too frail to offend. The legislation is of concern since the information used to determine this is not governed by the Evidence Act. We have also maintained a strong emphasis on assisting clients with Parole applications and Parole Breaches.

All ALRM Criminal Lawyers have expertise in providing legal representation in Specialist Courts including Treatment Intervention Courts, Nunga Courts, ACCE (Aboriginal Community Court Elizabeth), ACCA (Aboriginal Community Court Adelaide), Aboriginal Sentencing Conferences. The increased volume, complexity and diversity of the work undertaken by all Lawyers has provided opportunities to develop the skills and experience that ensure ALRM clients continue to have access to high quality representation and advice.

Coronial Inquests

As of 2018 the Criminal Section included in its Portfolio Coronial Inquests. ALRM acknowledges that the family of an Aboriginal person who has died in custody have a right to be legally represented at the coronial inquest into the cause and circumstances of that death in custody. ALRM acknowledges that the recommendations of the Royal Commission into Aboriginal Deaths in Custody, included a recommendation that the Government fund such representation. In 2018-2019 ALRM represented 3 Families in Coronial Inquests.

Law Reform Work

Our ability to influence legislation and public policy at all levels of government through law reform submissions remains an ongoing priority. We are mindful that by addressing the drivers of social and economic disadvantage and the root causes of why Aboriginal people require services in the first instance, will overtime reduce demand on our services. Government must engage with us as the experts in looking at cost neutral and cost effective solutions but more importantly start a meaningful relationship with communities who have the answers to the challenges that confront them every day. Tough on crime is not the answer.

2018-2019 saw the Criminal Section increase its participation in a range of working groups, pilot initiatives and forums to ensure future policies, laws and programs incorporate cultural views and needs. This included being part of a Working Group to establish the “Aboriginal Community Court at Adelaide (ACCA)”, which is scheduled to commence in August 2019.

In addition, the Criminal Team represented ALRM on the following Committees and Steering Groups:

• Indigenous Law Student Mentoring Management Committee• Aboriginal Youth Sentencing Court Steering Committee• “Court Users Committees” – All Suburban and Adelaide Magistrates Courts• “CJM Forum” – The District Criminal Court Committee• National Aboriginal and Torres Strait Islander Legal Service (NATSILS) the national peak body for Aboriginal

and Torres Strait Islander legal services• Law Society of South Australia Committees• Ceduna Domestic Family Violence (DFV) Court Initiative• Nunga Court Steering Group• South Australian Legal Assistance Forum (SALAF)• Collaborative Services Planning Forum Meeting

Lawyers Compulsory Professional Development Day In March 2109 all Lawyers (Metro and Regional) came together for Compulsory Professional Development (CPD) as required by the Law Society. ALRM Lawyers and a Guest speaker from the Bar Association presented to the Group. Lawyers who had previously attended CPD sessions at the Law Society presented papers thereby sharing the knowledge obtained.


Counsel Team also provided sessions on Major Indictable matters and Extended Supervision Orders. After each session the Lawyers determined “Resolutions / Future Directions / Focus”. As previously mentioned one such resolution was to increase use of Doli Incapax and focus on Bail Reviews. And it can be noted that this was successfully implemented.

Mentoring By Retired Judge

A Retired Judge commenced as a “Mentor” for our Lawyers. This has many benefits, particularly for the Junior Lawyers. The Judge is available to all Lawyers to book an appointment and spend time with him discussing any legal issues, clarification of procedures, Trial Preparation and assistance with Appeals.

Community Legal Education

ALRM Criminal Section continues to present lectures to students conducting Professional Legal Training (PLT) Criminal Practice and Advocacy at the Universities of South Australia. Topics canvassed in Lectures included Historical context to Indigenous & Legal Issues, Statistical situation, Specialist and Diversion courts eg Nunga Courts, ACCE and Aboriginal Sentencing Conferences, Issues of representation, language and culture. We also continue to present at State and National Conferences.

Our 2018-2019 Structure and Adelaide Criminal Team

Criminal Practice Director - Amanda LambdenSenior In House Counsel - Grahame LangJunior In House Counsel / Major Indictable Lawyers - Rosie Denny and Megan McDowellParole Lawyer / Extended Supervision Orders / Coronial Inquests - Garen TruscottAdelaide Youth Court - Phil EdwardsAdelaide Magistrates Court - Nick Thomson and Ben SturmElizabeth Magistrates Court - Laura Bulfon and Melanie AylingPort Adelaide Magistrates Court - Taylor Johanson and Stephanie MooreKadina / Maitland Court - Laura Bulfon and Alexandra HayterCeduna Magistrates Court - Stephanie MoorePort Lincoln Magistrates Court - Ben SturmMurray Bridge Magistrates Court - Melanie AylingBerri Magistrates Court - Melanie AylingLaw Clerks - Emily GravesSenior Legal Secretary - Josie JonesLegal Secretary - Mado Nimanis Port Augusta Criminal Team Senior Lawyer - Evanthia MakrisLawyers - Michael Hill, Philippa Jones and Rachel Lane

Ashum being Admitted to Supreme Court

ALRM Law Clerk admitted to Supreme Court. Phillipa is now

a lawyer based at Port Augusta

2018 Legal Professional Dinner


Corporate Services The Corporate Services Division (CSD) oversees finance, information technology, human resources and the financial counselling service. Financial Year 2018-19 has been a year of reckoning for ALRM, especially from

the Corporate Services function’s perspective. The service delivery not only got enhanced from a quality

perspective but widened its scope as well. This augured well for ALRM, with the CSD team fully embracing the key personnel changes made late in the previous financial year.

The Corporate Services team under the leadership of Rob Perry and Lakshmi Narrayanan have collectively

driven continuous improvements and financial processes across both accounting and operational processes, resulting in strict adherence to budgetary norms, timely acquittal of grants and significant

savings in operational costs. They also assisted the Board and senior management with timely inputs

on operational results, grant-wise budget management and an effective budget for the next financial year amidst challenging operating conditions. Additionally, Rob and Lakshmi have provided accounting

knowledge that is benefiting ALRM in its other business processes. The Corporate Services team members are Julie Batt (payroll and HR support), Jacinta Farrant (promoted to accounts payable) and Andrew Comley

(IT officer and systems support). Justine Sampson and Charlee Saunders are our reception crew who have

been supported by other staff members under the direct tutorage of Josie Jones. All have continued to undertake their duties in a highly commendable fashion. Financial counselling is provided by the

current team of Eva Gablik and Ralph Coulthard who were supported by Bec Gollan until June 2019 in the continued delivery of counselling support to the community. All members of the Corporate Services team

have given their best and have embraced changes to processes with gusto.

The most significant improvements during the year for ALRM was the process rigour introduced in

budgetary control, grant management and financial reporting. From a technology upgrade perspective, ALRM’s position was strengthened after the rollout of a raft of new computers to regional offices in

particular and a limited number in Adelaide, upgrading to a central server environment, improved internet connectivity with regional offices and the now definitive new accounting software, Sybiz. All of these

improvements will carry ALRM forward for the next five plus years. Further enhancement to the IT platform,

applications and security will round off the current initiatives.

The ALRM Board and Finance Governance Committee are briefed frequently with regular financial reports provided by the Corporate Services team. The outcome has provided a continual overseeing of the financial

operations of the organisation on a project by project basis. The Board and Committee have endorsed

strong support of proposed change processes when endorsing the improvements to be implemented. ALRM policies, procedures and processes are continuing to evolve as part of the change process that is

necessary to drive the organisation to the next level. Of course without the ongoing support of grantors and sponsors the ability of ALRM to provide services and meet its aims would be under significant strain.

Back Row (L-R): Andrew Comley, Julie Batt,

Lakshmi Narayanan, Rob Perry

Front Row (L-R): Josie Jones, Jacinta Farrant, Charlee Saunders, Justine Sampson

Frances Jacobsen,

Executive Assistant (EA) to the CEO.

The CEO and her EA

are located within the Corporate

Services Team.


Port Augusta office The Port Augusta office services a large regional area of South Australia, spanning over Kadina, Maitland,

Port Pirie, Port Augusta, Whyalla, Leigh Creek, Roxby Downs, Coober Pedy and the far north Anangu

Pitjantjatjara Yankunytjatjara (APY) Lands. We spend a significant amount of time in the field ensuring our communities receive the service and access to justice they are entitled to. Our multi-disciplinary

team consists of four lawyers, two Aboriginal field officers (para-legal services), one Aboriginal field officer (financial services), one receptionist, a legal secretary, office administrator and a cleaner, and

casual Interpreter when required.

Staff during 2018/2019

Evanthia Makris Senior Lawyer

Rachel Lane LawyerPhilippa Jones Barrister & Lawyer

Michael Hill Lawyer

Ralph Coulthard Administrator/Financial CounsellorCarleen Munday Legal Secretary

Shakira Allen Legal SecretaryDwaylene Brown Field Officer

David Sumner Field Officer

Kenni-Anne Iles Reception/Project OfficerSharyn Warren Casual Cleaner

David Brown Casual Interpreter/Malpa

Administrator

Since 2017/2018 financial year the Port Augusta Office as had a turnover of Administrators Khatija

Thomas and Charmaine Wilson have moved on and Ralph Coulthard is now the current Administrator commencing in the position as of 29th July 2019, very new to the role and slowly finding my way around

the administrative duties while also delivering the Financial Counsellor role for the Port Augusta Office

that services the region and APY Lands. As the new Administrator for our region, especially while travelling throughout the APY Lands the Administrator ensures cultural safety of all staff.

Financial Counselling

Aboriginal Financial Counselling Service (AFCS) in Port Augusta provides financial counselling services to Aboriginal people around Port Augusta, Davenport community, Port Pirie, Whyalla, the Northern Flinders

Ranges and the APY Lands.

Our Financial Counsellors work with and for the Aboriginal Community facing financial hardship.

APY Lands Court Circuits and financial counselling, ALRM Financial Counsellor attends all APY Lands

Court Circuits and engages with client/offenders who attend court and receive fines, in the past the court AJO’s Aboriginal Justice Officers were responsible for this but no longer provide or assist offenders

with fine, Port Augusta financial counsellors has arranged and has an arrangement with the Fines Recovery Unit to contact them as soon as the Client/Offender has come out of court and deal with and

make the required arrangements immediately with a Payment arrangement. Our greatest financial issue

are energy bills, and Superannuation enquiries and assistance.


Aboriginal Financial Counselling Services offers the following Services:

• Advocate and act for clients with financial matters

• Agency/Service Provider referrals

• Dental and Ambulance waivers

• Arrange payment plans including Centrelink deductions,

• Budgeting and managing income,

• Centrelink entitlements, benefits and concession rights,

• Credit and Consumer rights

• Difficulties caused by financial issue e.g. lack of food, energy bills.

• Debt and credit options

• Funding and grant applications e.g. (Wyatt & NILS)

• Support letters

• Superannuation

We acknowledge our funder the Commonwealth Bank for their continued funding support to enable us to deliver these services to our remote communities.


Our Aboriginal Field Officers (AFO) alternate attendance at courts and other community events on a regular basis. They attend court with our Lawyers and assist with taking instructions and providing

cultural advice or support during stressful and busy times. We continue to look at ways to ensure our service is able to adapt to the shifting needs and priorities of the communities we service. The

AFO pay particular attention to being available at court when youth matters are being heard due to

community demand for better support and improved justice outcomes for Aboriginal youth. Our office Administrator provides cultural advice and informal training to new Lawyers particularly in relation

to Western Desert Cultures and etiquette expected of non-Aboriginal workers. We also engage the services of an Anangu man within the far north region to provide interpreter and malpa (Companion)

services. He teaches our staff Yankunytjatjara phrases. Office Administrator also ensures cultural safety of

Aboriginal Field officers through monitoring potential conflicts of interest and mentoring on managing relationships and conflict in the community.

Port Augusta Staff after Mimili court 07 Augusta 2019 (Ralph Coulthard, Rachel Lane, Melanie

Ayling, David Sumner) Photo courtesy Melanie Ayling.


Women’s Prison Program

ALRM Port Augusta recently received funding to develop a Pilot Women’s Prison Program from January 2018 to December 2018. I started as the Project Officer in mid to late April, working on the Project every

Monday and Tuesday.

Our deadly Port Augusta team member, Kenni-Anne Iles organised and co-delivered this program

with a number of guest presenters. Since starting the project we first made contact with the Port Augusta Prison to arrange a meeting with DCS Manager Denise of the Females Unit. The main topic

of this meeting was to discuss the details and dates, class numbers and cultural groups of Aboriginal

women, draft schedule and ideas. We also discussed conducting a small focus group with the women before we commencement, to ensure that the pitch/content/name of the program reflect the women’s

expectations. Denise was thrilled to notice how eager we were and thought it would be a great idea to develop a program for the women as a large majority of programs are based around the men.

We also formed partnerships with a few of the local businesses in Port Augusta to conduct the sessions.

The sessions were run over a course of 6 weeks and the topics included Legal (Aboriginal Legal Rights

Movement – Civil/Criminal), Finance (Aboriginal Legal Rights Movement – Financial Counsellor), Health and Wellbeing (Pika Wiya Health Service) and Housing (Housing SA). All Facilitators were females from

their area of expertise. We were to deliver a session on Grief and Loss. Unfortunately, that session was cancelled due to Facilitator not being available. The participants’ feedback was very positive and

suggestions provided was to add education and training, grief and loss and art, in any future program.

The program was run every Wednesday at the Port Augusta Prison over 6 weeks. We are happy to

report that the program was a success, as the participants feedback that they gained a great deal of information from the topics. The reason for this program was to inform and educate the participants of

the safety and support networks available to them upon release.

Entry to Indulkana (Iwantja) Community (photo Courtesy Melanie Ayling)


Community Involvement

ALRM attended the Pika Wiya Health Service Family day out NAIDOC celebrations, it was a great day we

had lots of interest in what we do other than representing our people in court, people were especially interested to learn about our Financial counselling service, and how we can assist.

An upcoming community event will be the Sober Walk organised by ADAC, Aboriginal Drug & Alcohol Council SA September 20th 2019 at Gladstone Square Port Augusta.

The aim of the day is to show the community what services are available to assist people and to help them to live and maintain a sober lifestyle, ADAC has invited organisations that provide vital services to

our community and surrounding areas to provide a stall on the services they provide, a walk through the

main street from Gladstone square will commence at 11.30am.

Our Port Augusta Financial Counsellor received a call from a community with respect to an issue that impacted upon at least 40 individuals relating to their local council and fees charged for electricity. ALRM

gathered its deadly team consisting of the financial counsellor, lawyer, office administrator and attended

the community to meet with concerned community members impacted. As a result an official complaint was laid with the SA Ombudsman’s office who have been very supportive and who are undertaking an

investigation into the matter. ALRM played a key role is helping community members to exercise their legal rights. Another great outcome for our community through the support of our ALRM team!

Ralph Coulthard

Administrator and Financial Counsellor

Lawyers and Field Officer at Mimili


Ceduna OfficeThe Ceduna Team

Office Administrator & Legal Secretary Marelin Matthews

Aboriginal Field Officer (AFO) Gavin (Billy) Haseldine

Aboriginal Field Officer (AFO) Lahn Mickan (until 22 March 19, position then seconded to the Port Lincoln Office but assigned to attend Yalata court circuits to assist and

support)

Receptionist / Admin Support Officer Kirsty Sansbury

Lawyer Taylor Johanson (Ceduna & Yalata court circuits July 2018 to March 2019)

(Yalata court circuits only April – June 2019)

Lawyer Stephanie Moore (Yalata court circuits only July 2018 to March 2019) (Ceduna & Yalata court circuits April – June 2019)

Good News Story – Congratulations to our highly committed Aboriginal Field Officer

Gavin (Billy) Haseldine

Billy was awarded the ‘Trevor Christian Memorial Award’ for 2019. He attended the NATSILS meeting in

Perth on 19 March 2019 for the presentation and collection of his award. We are all ever so proud of our brother Billy, he has dedicated decades of commitment to the organisation and goes over and beyond

for his people, community and traditional land. Billy started with the organisation close to 25 years ago

and holds a high degree of knowledge and experience in all aspects of ALRM’s service delivery. He is honestly the epitome of what the ‘Trevor Christian Memorial Award’ stands for. Well done Brother Billy.

Billy Haseldine centre with Anrnane Hermann

Assistant Secretary – Commonwealth AGD (left) and Cheryl Axleby ALRM CEO and NATSILS

Co-Chair (right).

Billy Haseldine with Senator

Patrick Dodson

Billy Haseldine Recipient of the 2019 NATSILS National Award for Trevor Christian Memorial Award, for Male Employee of the Year!


Ceduna has been extremely fortunate to maintain

the above team dynamic in order to continue and maintain the high demand of service delivery in

a remote country town. The continuation of an allocated Ceduna Lawyer has been crucial for the

office to function efficiently and effectively. To

maintain the second Lawyers’ attendance at the Yalata Court sittings is vital in making the heavy workload

manageable.

In addition to the main service delivery for criminal

matters the Ceduna office continues to work with the Adelaide office in relation to civil and family matters

along with personal injury inquiries. Ceduna has also provided support and assistance with numerous

matters regarding the National Redress Scheme and

Stolen Generation Claims. Furthermore, the Ceduna office acts as a liaison for some clients who have

civil matters handled by a private lawyer to provide support and understanding. Clients see the ALRM

office as a safe space to deal with their sensitive issues and seem to always ask staff to explain what was said or written by their lawyers so they understand what is happening. Many community members still

come in for advice regarding various financial issues, if our financial counsellor colleagues in Adelaide

and Port Augusta cannot assist or the client would rather face to face contact we then have to refer them onto a local financial counsellor in Ceduna (of which there are only two).

Our Aboriginal Field Officers (AFOs) deal with many other matters that do not relate to attendance at

court – for example: the sorting out of fines, barring order inquiries, correspondence to send family

contact details to clients in prison, photo IDs (mainly for transport needs), impounded vehicle early release applications, licence issues, support letters, and statutory declarations. The work done in this

context may not be major but it is still very important and provides the assistance and support required, to meet the needs of our community members.

Support from our Colleagues

ALRM AFOs provide a 24/7 call out service for notifications of arrest. Over the last year the Ceduna Office has received great support from our Adelaide, Port Augusta and Port Lincoln offices to cover our region

every second week. So from all the team at Ceduna we want to send a shout out to all the on call AFOs

who have supported and helped us mob out.

The afterhours call out service is paramount to making sure people know and understand their legal rights when arrested and detained in custody.

Family Violence Program in Ceduna

With all the work taking place in Ceduna around family violence it is pleasing to say the first ever trial program for perpetrators has occurred. The delivery of the ‘Cross Borders Men’s Behavioural Change

Domestic Violence Program’ commenced on 25/10/2018 and ran until 16/11/18 with the three-week

program taking place at Scotdesco Community. There were 12 participants ordered to attend and out of the 12, 11 were ALRM clients.

Our Lawyer and two Field Officers attended the morning session on 9/11/18 and delivered a

presentation to the participants followed by an open discussion around the justice system and processes. The following week both Field Officers attended the final day presentation and the

Community BBQ.


Further funding was secured for another two programs to take place. The second three-week program

was run from 18 March to 5 April 2019. Unfortunately, we were not able to attend to hold a presentation / question session due to constrained resources. We are committing to attend the third program,

resources permitting. ALRM does not receive any increased funding to support the Family Violence Program in Ceduna.

In addition, the Ceduna office represented ALRM on or attended various training in:

Ceduna Court Users Meeting Domestic Family Violence Court in the Far West meeting

Ceduna Services Collaboration

Leadership Group

Ceduna Aboriginal Interagency Forum (in recess for the time being)


Justice Group (now in recess)

Restorative Justice Training


Connected Youth Group

Summary

The Ceduna Office is and has always been a busy office servicing the Ceduna area and surrounding

districts from Oak Valley, Yalata, Koonibba and the numerous nearby Homelands, so in closing thanks

goes out to all the current staff for their utmost commitment and determination to continue to achieve the best possible service and outcomes for our clients.


Port Lincoln OfficeThe Port Lincoln Team

Senior Aboriginal Field Officer Lahn Mickan (commenced 25 March 2019)

Aboriginal Field Officer/Admin Support Hippy Wanganeen (commenced 8 April 2019)

Lawyer Stephanie Moore (July 2018 to February 2019)

Lawyer Ben Strurm (February – July 2019)

Background to the Port Lincoln service

Over the years ALRM have continued to provide an outreach service with various Lawyers from

Ceduna and Adelaide attending Port Lincoln for court circuits and linking into various court hearings

via telephone or video conferencing facilities. This reporting year saw ALRM in a position to review the service delivery provided to Port Lincoln and made the decision to re-open an office with two full time

staff members based locally and offering on-the-ground services.

Office re-opened to provide much needed

on-the-ground service delivery

The office officially opened its doors on 25 March 2019, with two fulltime Aboriginal Field Officers

(AFOs) and an allocated Lawyer (based in Adelaide).

The Lawyer personally attends court circuits and deals with all other matters (overnight custodies,

bail variations, client follow up) via telephone with the assistance of the two AFOs.

Since the office has opened there has been three

Court Circuits, three Audio Video Linkup Listings

and three Special Justice Sittings. The AFOs attend the Special Justice Sittings, engage with potential

clients and assist clients in seeking adjournments.

Our client base has increased since being on the

ground and community becoming aware ALRM now have a personal full time presence.

The response from Community and various services

has been extremely positive and welcoming, especially due to the fact we have a local man with

great community knowledge as a part of our team.

Positive Section Achievements / Community Events and involvement

With only being based in Port Lincoln for a short period so much has been achieved:

• On the 15 May 2019 the Senior AFO was invited to attend and present at the Aboriginal Woman’s Group facilitated by West Coast Youth and Community Support in conjunction with Pt Lincoln

Aboriginal Community Council. The Senior AFO sat with a group of Women and explained ALRM’s service and where ALRM can be found in Port Lincoln – with the information shared many questions

were asked in regards to youth and their rights when arrested.


• A visit from the Commonwealth Attorney Generals Department (AGD) occurred on 9 May 2019 with ALRMs Criminal Practice Manger attending also to act as a chaperon for the AGD. They met with the

Senior AFO who provided a brief overview of the work ALRM have been doing. This was followed by a visit to the Port Lincoln Magistrates Court. Interest was taken to the working relationship ALRM has

with Court staff and Prosecutions. It was advised the current relationship and strong foundation has

been build up over the previous 12 months. There was also comment made regarding the number of Aboriginal people on the court list as opposed to the non-Aboriginal people.

• ALRM held a Community Event on 22 May 2019, the AFOs attended most Aboriginal Organisations

for a flyer drop encouraging people and community to attend. The AFOs were able to introduce the service and ALRM’s position in the community.

• The AFOs attended a Reconciliation Event held at the Lincoln Gardens Primary School and were further able to engage with community.

• 30 May 2019 saw the AFOs attend the Prevention of Aboriginal Deaths in Custody Forum (PADIC

Forum) at the Port Lincoln Prison with the Chief Executive of Department of Correctional Services

chairing the meeting. There were no real issues raised which involved ALRM. The AFOs regularly liaise with the Port Lincoln Prison Aboriginal Liaison Officer. The AFOs informed attendees of the new

ALRM office space in Port Lincoln and advised the AFOs are available for prison visits to ALRM clients and can relay any information back to their Lawyers.

ALRM Pt Lincoln - Hippy and Lahn


Statistics Report 2018/19

ciVil cASe mAtterS 2018-2019

age group %

AGED 33%

ADULT 54%

YOUTH 10%

CHILD 3%

age group %

AGED 14%

ADULT 81%

YOUTH 4%

CHILD 1%

ciVil duty mAtterS 2018-2019

court mAtterS by percentAge From 1St July 2018 to 30th June 2019

child protection mAtterS 2010-2019

year male Female

2010-2011 22 70

2011-2012 10 78

2012-2013 8 65

2013-2014 10 79

2014-2015 9 86

2015-2016 30 134

2016-2017 33 120

2017-2018 32 115

2018-2019 57 131

140

120

100

80

60

40

20

0

20

10

-20

11

20

11

-20

12

20

12

-20

13

20

13

-20

14

20

14

-20

15

20

15

-20

16

20

16

-20

17

20

17

-20

18

20

18

-20

19


FAmily cASe mAtterS 2018-2019

age group %

AGED 9%

ADULT 79%

YOUTH 12%

FAmily duty mAtterS 2018-2019

age group %

AGED 8%

ADULT 83%

YOUTH 10%

criminAl cASe mAtterS 2018-2019age group %

AGED 2%

ADULT 68%

YOUTH 19%

CHILD 11%

age group %

AGED 1%

ADULT 65%

YOUTH 18%

CHILD 16%

criminAl duty mAtterS 2018-2019

court mAtterS by percentAge From 1St July 2018 to 30th June 2019


Statistics Report 2018/19 ten moSt preVAlent mAtterS 1 July 2018 to 31 June 2019

OFFICE CHARGE

Adelaide Breach of Bail

Theft s134 CLCA

Aggravated Assault Breach of Intervention Order s 31 Intervention Orders Act

Property Damage s85(2) CLCA Assault s20 CLCA

Miscellaneous Criminal Matter

Unlawful Possession s41 SOA Breach of Bond

Driving Whilst Disqualified s91(5) MVA

Ceduna Breach of Intervention Order s 31 Intervention Orders Act Breach of Bail

Aggravated Assault

Bail Application ss 8, 10 Bail Act Application for Intervention Order s20 IOA

Disorderly Behaviour/Offensive Behaviour s7(1) SOA Theft s134 CLCA

Property Damage s85(2) CLCA

Assault s20 CLCA Re-Enter Licensed Premises s125C LLA

Port Augusta Breach of Bail

Aggravated Assault

Breach of Intervention Order s 31 Intervention Orders Act Theft s134 CLCA

Property Damage s85(2) CLCA Miscellaneous Criminal Matter

Application for Intervention Order s20 IOA

Breach of Bond Driving Whilst Disqualified s91(5) MVA

Disorderly Behaviour/Offensive Behaviour s7(1) SOA

Port Lincoln Theft s134 CLCA

Application for Intervention Order s20 IOA Breach of Bail

Breach of Intervention Order s 31 Intervention Orders Act Illegal Use of Motor Vehicle s86A CLCA

Breach of Bond

Property Damage s85(2) CLCA Assault s20 CLCA

Aggravated Assault Possess Prescribed Equipment


Financial StatementsFOR THE YEAR ENDED 30TH JUNE 2019

ABN: 32 942 723 464

AboriginAl legAl rights MoveMent (AlrM)

Annual Report 2018/19


ACRONYMS & ABBREVIATIONSACCA Aboriginal Community Court Adelaide

ACCE Aboriginal Community Court Elizabeth

ADAC Aboriginal Drug & Alcohol Council

AFCS Aboriginal Financial Counselling Service

AFO Aboriginal Field Officer

AGD Attorney Generals Department

AGM Annual General Meeting

AJO’s Aboriginal Justice Officers

ALRM Aboriginal Legal Rights Movement

APY Anangu Pitjantjatjara Yankunytjatjara (APY Lands)

ARC Adelaide Remand Centre

ATSILS Aboriginal and Torres Strait Islander Legal Services

AVS Aboriginal Visitors Scheme

CARP Contact Arrangements Review Panel

CEO Chief Executive Officer

CLE Community Legal Education

CPD Compulsory Professional Development

CSD Corporate Services Division

DCS Department of Correctional Services

EA Executive Assistant

ILAP Indigenous Legal Assistance Program

NAIDOC National Aboriginal Islander Day of Celebration

NATSILS National Aboriginal and Torres Strait Islander Legal Services

NIAA National Indigenous Australians Agency

PADIC Prevention of Aboriginal Deaths in Custody

PCP Prisoner Care Program

PLT Professional Legal Training

SAACCON South Australian Aboriginal Community Controlled Network

SACAT South Australian Civil and Administrative Tribunal

SALAF South Australian Legal Assistance Forum

SAPOL South Australian Police


ceo’s report

[email protected]

Voice-Treaty-Truth

aBoriginal legal rights moVement (alrm)

321–325 King William Street, Adelaide, SA 5000

Ph: (08) 8113 3777 (24 hour service for emergencies)

Email: [email protected]

movement (alrm) voice-treaty-truth · 2020. 1. 9. · statement of the heart movement and lived by...

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