Resolution

NACLC Resolutions 2004. Glenelg, SA. GLENELG, SOUTH AUSTRALIA CONFERENCE RESOLUTIONS 2004 Final 2005 Page 1 of 9 NACLC Resolutions 2004. Glenelg, SA. Resolution National Network of Indigenous Women’s Legal Services 1. 2. 3. That NACLC consult with NNIWLS about an employment and recruitment policy that incorporates cultural competencies and protocols That NACLC consult with NNIWLS about cultural competencies and protocols involving Indigenous issues in an ongoing capacity That NACLC in consultation with NNIWLS review and amend their constitution to include Indigenous representation on the Board of NACLC from NNIWLS That NACLC and NSW CCLCG support Hawkesbury Nepean Community Legal Centre in securing ongoing funding for their Aboriginal Legal Access Project along with new projects being developed Preamble The Cultural heritage of Indigenous Australians must be protected. The effect and trauma of the 1995 Kumarangk Royal Commission in relation to the Ngarrindjeri people, their family connections and the validity of their cultural heritage resonates throughout their community. The Ngarrindjeri people of South Australia have been vindicated and the State and Federal Governments must acknowledge the validity of Ngarrindjeri cultural heritage. We call upon (a) the State and Federal Governments to give a public apology to the Ngarrindjeri people and a special apology to the Ngarrindjeri Mi:Minis (Women) (b) the South Australia Government to ensure the provision of culturally appropriate access to Kumarangk (Hindmarsh Island), as identified by the Ngarrindjeri people so that they can continue cultural practice on country (c) the State and Federal Governments to compensate the Ngarrindjeri people for their pain, suffering and cultural degradation experienced as a result of the Royal Commission into the Hindmarsh Island Bridge, desecration of burial grounds, and the building of the bridge across sacred waters Resolutions done in consultation with Ngarrindjeri Elders: Veronica Brodie, Tom Trevorrow and Major Sumner We call on the Federal Government to acknowledge the success of the Kupa Prti Kungka Tjutn and Irati Wanti people in stopping the nucleardum and preserving this area of country for all Australians That the Government recognises the royal commission recommendation No.188 which recognises the importance of self determination for Indigenous people (NNIWLS) That NACLC write to the Federal Govt to recommend that ATSILS should continue to be funded to do Community Legal Education Action Commenced discussions Commenced discussions Constitution being amended Included in submissions Letter showing resolution passed at conference sent to Minister Vanstone. Policy Who NACLC GM NACLC GM NACLC GM 4. 5. Federal/State Govt, NACLC Indigenous 6. National Office to send letter Policy? Letter to Vanstone New letter in response to tender Motion Mover. National Office Federal/State Govt. Indigenous Federal/State Govt, NACLC 7. 8. Environment 9. The EDO Network is focussed on achieving the removal of the litigation restriction on our Cth funds. The EDO Network acknowledges the progress achieved in this area through the combined work of NACLC and individual EDO centres. That this work continues until the ultimate aim of complete and permanent removal of the unjust litigation restriction on EDOs is achieved. Continue to lobby Federal/State Govt, NACLC, EDO Network Final 2005 Page 2 of 9 NACLC Resolutions 2004. Glenelg, SA. Tenancy 10. That NATO endorse and assist in any ways possible to achieve the recommendations from NATO’s “Leaking Roofs” document. In summary, they recommend the Cth Govt develop with the States & Territories a national framework for addressing housing needs over the next 10-20 years. Further that the Cth State & Territory Governments enact, through uniform residential tenancies legislation or otherwise, a national standard of best practice in the protection of the rights of tenants and other renters consistent with the right to housing. 11. Recent amendments to the NSW Residential Tenancies Act create a system of arbitrary eviction of Public Tenants in breach of Australia’s International Human Rights obligations under ICESCR. This conference expresses its condemnation for the reversal of onus of proof and the breach of fundamental International obligations. NACLC to communicate this condemnation to the NSW Govt. 12. The NACLC resolves that it is appropriate for South Australia to establish a program for information, advice, advocacy and education for residential tenants, to be delivered by independent, non-profit, community organisations and funded from consolidated revenue and/or interest earned on tenants bonds. Community Legal Education 13. Develop recommendations and models from the policy papers already produced for production to all centres to promote knowledge of CLE models and best practice 14. Re-examine the guidelines/protocols re CLC/LAC to incorporate concerns re joint projects e.g. copyright style and updating 15. That all State Rep be asked to advise re a State CLE contact Policy CLE Network State Rep CLE Network NACLC State Rep Lobbying letters. NATO, Tenants Network Letter. NACLC Tenants NATO to advance with SACLS State Govt, Tenants Policy Advised and established National Welfare Rights Network 16. The National Welfare Rights Network resolves to raise awareness and campaign for reforms to the social security legislation and Centrelink’s policies and procedures around marriage like relationships 17. That there be an immediate amnesty on all Centrelink overpayments Lobbying Welfare Network Policy 18. The National Welfare Rights Network resolves to raise awareness and campaign for reform to Centrelink’s debt recovery and debt raising policies and procedures Campaign established Federal/State Govt. Welfare Rights Welfare Network Final 2005 Page 3 of 9 NACLC Resolutions 2004. Glenelg, SA. Youth 19. The Youth Network is concerned about the inadequacy of the system of juvenile justice in the Northern Territory and the lack of recognition of the particular vulnerability of children. 20. That the NACLC renews its support for the steering committee for the nongovernment report on the Convention on the Rights of the Child, and continues to fund teleconferences for the steering committee. 21. The Youth Network calls on the Federal, State and Territory Governments to provide recurrent funding for a youth specific community legal centre in all States and Territories and for the National Children’s and Youth Law Centre 22. That the NACLC support the Youth Network in seeking recurrent funding for appropriate youth specific legal services and advocacy programs in all States and Territories, and for adequate funding of the National Children’s and Youth Law Centre 23. That the Youth Network complete it’s national comparisons across all States and Territories of the care and protection systems and juvenile justice and fine enforcement systems for use in the campaign work of the Network 24. That the Youth Network supports the meaningful participation of children and young people in decisions affecting them and undertakes to engender such participation by young people in all aspects of our Centres’ service provision 25. That the Youth Network maintains its commitment to redressing the gross over-representation of Indigenous youth in detention and the juvenile justice system 26. The Youth Network adopts the following policy positions: - To effect positive change in the juvenile justice system in the NT - The need for a Federal Commissioner for children to oversee the implementation and monitoring of the convention on the rights of the child - Rights of children and young people to use public space - The need for safeguards in juvenile justice diversionary processes - Opposition to mandatory sentencing in WA raising the age of childhood in criminal justice systems in Vic & Qld - The need for National care and protection principles - The rights of children in education and the need for fairer processes and better alternatives to suspension and expulsions - Lowering the voting age - Opposing the use of monetary fines against children and young people - The need for 24 hour Youth Legal Advice Services in all States & Territories Policy Youth, NT Assoc NACLC PLU allocation Budget Submissions Pre-budget lobbying Federal/State Govt NACLC Research Youth Network Policy Youth Network Policy Youth Network Policy Youth Network Final 2005 Page 4 of 9 NACLC Resolutions 2004. Glenelg, SA. Human Rights 27. That The Working Women’s Centres, Employment Law Centres and the National Women’s Legal Services Network, work together to secure pro bono legal research to identify and analyse all outcomes (including changes to policies and procedures) for women in all categories of HREOC matters, including awards and costs from:  HREOC  Federal Magistracy  Federal Court 28. That NACLC facilitates CLCs contributions with other NGOs to the Shadow reports on ICCPR and ICESCR 29. That NACLC supports the participation of CLCs in campaigns against counter terrorism laws, which erode civil liberties, such as media, education & lobbying campaigns. 30. The National Conference opposes the package of counter-terrorism laws introduced to date. The laws represent serious erosions of civil liberties and human rights, which operate in a racialised context to:  Reverse basic criminal law standards and international conventions (such as the right to a lawyer, right to silence, right to fair trial, presumption of innocence, freedom from arbitrary detention, freedom of association)  Criminalise culture, religions and social practices through association offences and,  Silences communication about ASIO and police practices and abuses 31. That the National Association endorse the Equal Opportunity/Human Rights complaints, which are being lodged in every state of Australia seeking a systemic review of women’s prisons. Research Seek Assistance to coordinate work Women’s Network, Employment Law Centres & Working Women Centres NACLC Coordinating Shadow Reports Policy & Campaign work undertaken Policy & Campaign work undertaken Submissions & attendance at hearings Human Rights Network NACLC, HR NACLC, HR Policy & Endorsed NACLC Human Rights Final 2005 Page 5 of 9 NACLC Resolutions 2004. Glenelg, SA. Disability Rights 32. That the NACLC is concerned at the increasing erosion of the aims and intent of the Disability Discrimination Act by the Australian Government through:  The introduction of amending legislation including: - The Disability DAB which proposes to use beneficial legislation in a punitive manner in respect of illicit drug users; and - The Civil Aviation (Relationship with anti-discrimination laws) Amendment Bill which proposes to circumvent the existing exemption process regarding potentially discriminatory civil aviation safety measures; and  The passage of DDA disability standards that fail to deliver in providing minimum levels of access for people with disabilities including in the following areas: o Transport - Defining carers as paying passengers - 20 year time frames for compliance - Omission of safety restraint standards o Access to premises - Omission of residential premises - An overemphasis on the costs of compliance rather than longterm benefit o Education - Reintroducing the standard without adequate community consultation 33. That the NACLC supports the establishment of a National Community Legal Centre with a brief to provide an education, advisory and policy/law reform role regarding the needs of people with complex communication needs in accessing the justice system 34. That the NACLC is concerned that the justice system fails to make necessary accommodations that meet the needs of people with disabilities and calls on the Commonwealth Attorney-General to provide a reference to the Australian Law Reform Commission to inquire into the specific needs of people with disabilities when accessing the justice system Policy Federal/State Govt, NACLC, Disability Network NACLC will support this but will not do it. Policy. NACLC will support calls but not call itself. NACLC NACLC State Rep Liaise Women’s 35. Women’s Legal Service condemns the high rate of homicide of women and children in the domestic family violence context. Recommendations:  That the Federal and State Govt make this issue a priority across all sectors of government  That the standing committee of AG’s accept submission from NNIWLS and WLS in relation to this issue  That resources be immediately made available to provide appropriate legal services for Indigenous and non-Indigenous women in the following areas: - To enable the provision of face-to-face legal advice, advocacy and representation for all women in RRR areas - Greater access to culturally appropriate interpreting services in Indigenous and CALD languages - That NACLC issue press releases regarding the above recommendations 36. That the WLS (SA) Inc consult on a regular and ongoing basis with women in Northfield Women’s Prison 37. That WLS investigate whether any reprisals occurred as a consequence of women prisoners speaking out and if they do/did to take action on this. Final 2005 Page 6 of 9 Letter. NACLC, Women’s Network Policy Followed-up Women Women’s SA NACLC Resolutions 2004. Glenelg, SA. Child Support 38. To seek external funding for joint meeting of CLC & Legal Aid child support workers to meet annually commencing May 2005. 39. To write to Minister responsible and/or media release expressing child support network’s concerns about composition/direction of recently established Child Support Taskforce & Reference Group to examine child support in Australia. 40. Creation of “sub-committees” within Child Support Network to examine and proceed with a number of administration and law reform activities identified as the network’s priorities 2004/05 e.g. enforcement of child support/creation of education and precedent resources/CS and Centrelink issues 41. Acceptance by Child Support Network of Statement or Policy and Law Reform Recommendations provided to NACLC 2004 Sexuality and Gender Equity 42. This conference urges the Australian Government commit to:  Providing legislative protection against discrimination and vilification on the grounds of sexuality and gender identities  Amending all Cth law to include recognition of all domestic relationships regardless of the sexuality or gender identity of those involved 43. The Sexuality & Gender Equality Network commits to contributing to the content of the 2005 NACLC conference 44. That this conference condemn, the major parties for deliberately instituting discriminatory laws by passing the Marriage Act Amendment Bill 2004 Letter. Federal Govt SAGE Letter. Child Support Network Michael Spivak NACLC, Child Support Network Child Support Network Letter. Done Done Child Support Network Policy Letter. SAGE Network NACLC, Community Legal Centres, Network Prisons 45. That the lawful sexual assault of prisoners in the form of strip searches be immediately stopped Older People 46. NACLC is called on to:  Work towards fostering the establishment of an older person’s  Network and ultimately a  Legal service to - Lobby around legal issues affecting older people and - Investigate and review legal issues affecting older people Included as priority in prebudget submission NACLC, Older People Network. Ros to check Policy Women Final 2005 Page 7 of 9 NACLC Resolutions 2004. Glenelg, SA. Immigration 47. That NACLC lobby the Federal Attorney-General and the Minister for Immigration to amend the relevant migration legislation so that TPV holders may access in Australia the following basic human rights: a. Family re-unification in accordance with the 1951 refugee convention; b. To travel out of Australia and to return; and c. To receive for the Government benefits and settlement services that all other onshore refugees receive 48. That NACLC lobby the Federal Attorney General and Minister for Immigration to amend the relevant Migration Legislation to ensure that no human being can ever be detained indefinitely in immigration and that no child be kept in immigration detention 49. That NACLC lobby the Federal Attorney General and Minister for Immigration to provide free immigration advice and application assistance to proposers and applicants lodging offshore refugee and special humanitarian program visa applications. Employment 50. That an Employment Law Network be established PLU Funding Network established Employment Network Letter. NACLC Immigration Network State Rep Liason Letter. Federal Govt. Immigration Network Federal Govt. Immigration Network Letter. Administrators 51. Administrators Network resolves to continue to communicate as a network, via email & phone link, and to meet as a network at the next conference; also to encourage all centres to recognise the role of their administrators by ensuring they have equal access to attending national conference. Service Delivery 52. That funders recognise the high cost of service delivery by CLC workers to outlying towns and Aboriginal communities in RRR areas and should factor these additional but necessary expenses when funding RRR services. For example: cost of air charter to remote communities, cost of fuel, staff travel entitlements and accommodation. 53. We call on the NACLC to pursue the replacement of law by telecommunications funding to affected CLC’s, which was withdrawn following the finalisation of the LBT trial, and request NACLC to lobby the Federal Government and Opposition Parties accordingly. 54. We call on NACLC to lobby the Federal Government, Opposition Parties and the Victorian State Government to establish a CLC in the Loddon-Campaspe Region Include in Pre Budget Submission NACLC - lobby on behalf of Network, All funders Federal/State Govt, NACLC, RRR Network NACLC, Vic Assoc. Policy Administrators Network Budget Submission Established! Final 2005 Page 8 of 9 NACLC Resolutions 2004. Glenelg, SA. Conference 55. That the next National Conference of Community Legal Centres in 2005 focus on the rights of children and young people in our community as the theme of the conference Theme considered but rejected. Broader theme required. 2007 Conference in QLD Venue Limited by accessibility and size of conference Conference Committee 56. That the 2005 NACLC Conference to be held in Canberra, in fact, be held in tropical North Queensland 57. That the Annual Conference not be held in flash hotels. Let us get back to a venue which more appropriately reflects our community and which provides more informal space for getting together. Conference Committee Conference Committee General 58. That NACLC raises with each State & Territory Law Society the issue of regulation of telephone and internet legal advice services, including the use of the internet title Community Legal Service Directory 59. That there is no substitute for face-to-face contact in dealing with clients in CLCs. IT and technology may be utilised as tools to assist but not replace it. Addressed by Trademarking NACLC gained IP. Policy. NACLC Final 2005 Page 9 of 9