In New South Wales, Australia, how can Legal Aid NSW help me?
Legal Aid NSW can help you with getting an AVO, sorting out arrangements for children, getting child support, mediation to help resolve disputes about children or property, financial problems such as paying the mortgage, credit and debt, and housing, help at court, planning for your safety at home and at court, talking to the police or courts for you, getting a divorce, sorting out problems with Centrelink, victims support payments, immigration issues such as residency applications where there is domestic and family violence, defending an ADVO or criminal charge if you are the victim of violence, and sorting out other legal problems you have because of domestic violence[1].
Types of Assistance Provided by Legal Aid NSW
1. Legal Advice
- Free Legal Advice Sessions: You can receive free legal advice on various issues, including domestic violence, family law, criminal law, and more. These sessions can help you understand your legal rights and options.
- Telephone Legal Advice: For immediate assistance, you can call Legal Aid NSW to get advice over the phone.
2. Representation
- Court Representation: If you qualify for legal aid, a lawyer can represent you in court for matters such as applying for an Apprehended Domestic Violence Order (ADVO), family law cases, and criminal charges.
- Duty Lawyer Services: Legal Aid NSW provides duty lawyers at certain courts who can assist with urgent matters, including domestic violence cases.
3. Family Law Services
- Family Law Advice: Legal Aid NSW offers advice and representation in family law matters, such as divorce, child custody, and property settlements, which often intersect with domestic violence issues.
- Family Advocacy and Support Services (FASS): FASS provides support for families affected by domestic violence, offering both legal and social support services at the Family Law Courts.
4. Domestic Violence Services
- Domestic Violence Unit (DVU): The DVU provides specialized legal advice, case management, and representation for victims of domestic violence.
- Women’s Domestic Violence Court Advocacy Services (WDVCAS): This service offers support and assistance to women experiencing domestic violence, including help with safety planning, court support, and referrals to other services.
5. Community Legal Education
Legal Aid NSW conducts workshops and provides resources to educate the community about legal rights and responsibilities, including issues related to domestic violence.
6. Early Intervention Services
- Early Intervention Unit: This unit aims to resolve legal problems before they escalate, providing assistance in areas such as family law, domestic violence, and tenancy disputes.
7. Aboriginal Legal Services
- Specialist Services: Legal Aid NSW has specialist services to assist Aboriginal and Torres Strait Islander people with legal issues, including domestic violence.
How to Access Legal Aid NSW
1. Contacting Legal Aid NSW
- Phone: You can call Legal Aid NSW on their main line at 1300 888 529 for legal advice and information.
- In Person: Visit a Legal Aid NSW office or one of their outreach locations. Check their website for the nearest office and opening hours.
- Online: Use the Legal Aid NSW website to access legal information, resources, and contact details.
2. Eligibility for Legal Aid
- Means Test: Your income and assets will be assessed to determine if you qualify for legal aid.
- Merit Test: The merits of your case will be considered to ensure it is reasonable to provide assistance.
- Jurisdiction Test: The type of legal issue you have must fall within the areas of law that Legal Aid NSW covers.
Steps to Take If You Need Help
- Immediate Assistance: If you are in immediate danger, call 000 for police assistance.
- Seek Legal Advice: Contact Legal Aid NSW to get initial advice on your situation.
- Apply for Legal Aid: If you need ongoing legal representation, you can apply for legal aid. The application can be completed online or with the help of a Legal Aid NSW officer.
- Prepare for Your Appointment: Gather any relevant documents, such as court orders, police reports, and correspondence, to bring to your legal advice session.
Additional Resources
- Legal Aid NSW Website: www.legalaid.nsw.gov.au
- Domestic Violence Line: A 24-hour helpline for support and referrals at 1800 656 463.
By leveraging the resources and support provided by Legal Aid NSW, you can better navigate the legal system and protect your rights in situations involving domestic violence or other legal issues. If you have more specific questions or need further assistance, feel free to ask.
Reference Links:
[1] https://publications.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/102.pdf
Law Firm's Insights
Date
8 December 2021Place
New South WalesJudge
BELL P AT [1],MEAGHER AT [138],LEEMING AT [139]Highlights
Beech-Jones CJ at CL heard two sets of proceedings, the Kassam Proceedings and the Henry Proceedings, in response to the COVID-19 pandemic. There were four separate plaintiffs in the Kassam Proceedings and six separate plaintiffs in the Henry Proceedings. Their particular circumstances were described by the primary judge at [95]-[98] and [99]-[104] of his Honour's judgment (Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (PJ)). Dr Harkess, who appeared for the Henry Parties, accepted that s 7(2) authorised the making of “detailed directions insofar as they are designed to restrict the freedom to move”.
As was observed by Gordon, Katzmann and Griffiths JJ in Australian Maritime Officers' Union v Assistant Minister for Immigration and Border Protection (2015) 230 FCR 523; [2015] FCAFC 45 at [56], the same approach applies generally to challenges to a subordinate legislative instrument. On the other hand, and to take the point which was developed in greatest detail in oral submissions, there is overlap between the practical compulsion on which the applicants relied with a view to impugning the orders, and the question whether a medical practitioner commits tort of battery by vaccinating a person who gives every appearance of consenting while maintaining that he or she has no “real” choice and has been “coerced” into submitting himself or herself. As presently advised, it seems to me to be at least reasonably arguable that medical practitioner could establish a defence to tort while at same time person could maintain that regime in its practical operation sufficiently impacted his or her right to bodily integrity so as to require unmistakably clear language.
Judgment
Proceedings 2021/303731; 2021/331988 1. Refuse leave to appeal in respect of grounds 3–6, 8, 9 and 11 of the draft notice of appeal. 2. Grant leave to appeal in respect of grounds 1 and 2 of the draft notice of appeal but dismiss the appeal. 3. Order that the appellants pay the costs of the application for leave to appeal and the appeal. Proceedings 2021/317873; 2021/321987 1. Refuse leave to appeal in respect of grounds 4–8 of the draft notice of appeal. 2. Grant leave to appeal in respect of grounds 1, 2 and 3 of the draft notice of appeal but dismiss the appeal. 3. Order that the appellants pay the costs of the application for leave to appeal and the appeal.
Legislation
1.A New Tax System (Family Assistance) Act 1999 (Cth) ss 6, 61B(1)(b), 85BA(1)(a)(iii)
2.Acts and Instruments (Framework Reform) Act 2015
3.(Cth)
4.Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3
5.Administrative Decisions Review Act 1997 (NSW) s 7
6.Australian Film Development Corporation Act 1970 (Cth)
7.Australian Immunisation Register Act 2015 (Cth)
8.Building Units and Group Titles Act 1980 (Qld) s 30(7)
9.Civil Procedure Act 2005 (NSW) s 56
10.Commonwealth Constitution ss 51(xxiiiA), 109
11.Corporations Law (NSW) Ch 6
12.Interpretation Act 1984 (WA) s 41
13.Interpretation Act 1987 (NSW) ss 21, 45(1), Pt 6
14.Legislation Act 2003
15.(Cth) s 8
16.National Security Act (1939-1940) (Cth) s 5(4)
17.Public Health Act 1991 (NSW) s 5(6)
18.Public Health Act 2010 (NSW) ss 3, 7, 8, 62(6), 87 132, 133
19.State Emergency and Rescue Management Act 1989 (NSW) ss 4, 33(1)
20.Subordinate Legislation Act 1989 (NSW) s 10(2)
21.Supreme Court Act 1970
22.(NSW) s 101(2)(r)
23.Family Assistance (Immunisation Principles and Vaccination Schedules) (DSS) Determination 2018 (Cth)
24.Public Health (COVID‑19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) cll 4.3, 5.8, Pts 2-5, Sch 1,
25.Pts 1-3
26.Public Health (COVID‑19 Aged Care Facilities) Order 2021 (NSW)
27.Public Health (COVID-19 Care Services) Order (No 2) 2021 (NSW)
28.Public Health (COVID-19 General) Order 2021 (NSW)
29.Public Health (COVID-19 Vaccination of Education and Care Workers) Order 2021 (NSW)
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