movement (alrm) voice-treaty-truth · 2020. 1. 9. · statement of the heart movement and lived by...
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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
ANNUAL REPORT 2018/194
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
5ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/196
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
7ABORIGINAL LEGAL RIGHTS MOVEMENT
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 �
ANNUAL REPORT 2018/198
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 �
9ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1910
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
11ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1912
13ABORIGINAL LEGAL RIGHTS MOVEMENT
Aboriginal Legal Rights Movement (ALRM)
321-325 King William St. Adelaide SA 5000
PLEASE RETURN THIS FORM TO:
Aboriginal Legal Rights Movement (ALRM)
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
ANNUAL REPORT 2018/1914
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: .....................................................
15ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1916
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
17ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1918
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
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
19ABORIGINAL LEGAL RIGHTS MOVEMENT
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.
ANNUAL REPORT 2018/1920
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
21ABORIGINAL LEGAL RIGHTS MOVEMENT
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)
ANNUAL REPORT 2018/1922
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.
23ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1924
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.
25ABORIGINAL LEGAL RIGHTS MOVEMENT
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.
ANNUAL REPORT 2018/1926
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
27ABORIGINAL LEGAL RIGHTS MOVEMENT
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.
ANNUAL REPORT 2018/1928
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
29ABORIGINAL LEGAL RIGHTS MOVEMENT
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.
ANNUAL REPORT 2018/1930
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.
31ABORIGINAL LEGAL RIGHTS MOVEMENT
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.
Aboriginal Field Officers
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.
ANNUAL REPORT 2018/1932
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)
33ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1934
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!
35ABORIGINAL LEGAL RIGHTS MOVEMENT
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.
ANNUAL REPORT 2018/1936
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)
Ceduna Services Collaboration
Justice Group (now in recess)
Restorative Justice Training
Ceduna Services Collaboration
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.
37ABORIGINAL LEGAL RIGHTS MOVEMENT
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.
ANNUAL REPORT 2018/1938
• 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
39ABORIGINAL LEGAL RIGHTS MOVEMENT
ANNUAL REPORT 2018/1940
41ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1942
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
43ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1944
Financial StatementsFOR THE YEAR ENDED 30TH JUNE 2019
ABN: 32 942 723 464
AboriginAl legAl rights MoveMent (AlrM)
Annual Report 2018/19
45ABORIGINAL LEGAL RIGHTS MOVEMENT
ANNUAL REPORT 2018/1946
47ABORIGINAL LEGAL RIGHTS MOVEMENT
ANNUAL REPORT 2018/1948
49ABORIGINAL LEGAL RIGHTS MOVEMENT
ANNUAL REPORT 2018/1950
51ABORIGINAL LEGAL RIGHTS MOVEMENT
ANNUAL REPORT 2018/1952
53ABORIGINAL LEGAL RIGHTS MOVEMENT
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
ANNUAL REPORT 2018/1954
55ABORIGINAL LEGAL RIGHTS MOVEMENT
ceo’s report
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]