CLEAR - Community Legal Education and Reform Database


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1. Aboriginal Housing
CLC/Agency: Tenants' Union of NSW
Contact Person: Julie Foreman
Jurisdiction: NSW

The Aboriginal housing sector is undergoing significant, complex and contested reforms. With direction from the Aboriginal Tenants Advice Network and in collaboration with Shelter NSW and NCOSS, the TU commissioned a review of the current reforms and future directions.

The report was released February 2011 and it received coverage in sector newsletters. We met with Aboriginal housing organisations to discuss the outcomes and published an update to the research. We also participated in the National Indigenous Housing Roundtable.The resulting document is being used by the Aboriginal services to respond to the reforms and as an education tool for non-Aboriginal services.

 

2. Act for the House, Not the Tenant
CLC/Agency: Footscray Community Legal Centre
Contact Person: Laura Berta
Jurisdiction: VIC

The purpose of the ‘Act for the House, not the Tenant’ Project is to target rental properties which are in a state of disrepair in order to encourage tenants to take enforcement action against the landlord.

The Project plans to approach tenants in around 20 properties, previously identified as substandard, over an 18 month period.

Footscray CLC would offer to assist the tenant in enforcing the repairs procedures in the Residential Tenancies Act 1997 (Vic), and applying for compensation as appropriate.

The Project ultimately aims to document the outcome of repeated enforcement action against ‘repeat offender’ landlords.

3. Agricultural Chemicals Review
CLC/Agency: Environmental Defenders Office (Tas.)
Contact Person: Jess Feehely
Jurisdiction: TAS

Campaign to improve assessment and regulation of agricultural chemical use in Tasmania, including submission on proposed spraying regulations.

4. Australia's National Human Rights Action Plan 2012
CLC/Agency: Peninsula Community Legal Centre
Contact Person: Andrea Staunton
Jurisdiction: Commonwealth

Written submission to Attorney General's Department on Exposure Draft of Australia's National Human Rights Action Plan 2012.

5. Banning Canal Estates
CLC/Agency: Environmental Defenders Office (Tas.)
Contact Person: Jess Feehely
Jurisdiction: TAS

Campaign to support the proposed introduction of a prohibition on canal estate development in Tasmania

6. Boarders & Lodgers Law Reform
CLC/Agency: Redfern Legal Centre
Contact Person: Jacqui Swinburne
Jurisdiction: NSW

A campaign to introduce legislation to cover boarders and lodgers in NSW.

The campaign involved submissions to politicians, engaging in policy debate, running test cases at the CTTT (eg on the definition of boarders and lodgers as exclusions to the Residential Tenancy Act 2010, or to have boarders and lodgers covered by the General Division of the CTTT), and the development of a Legal Remedies Kit that highlights the inadequacy of current remedies for boarders and lodgers.

7. Carbon Farming Initiative
CLC/Agency: Environment Defenders Office (Vic.)
Contact Person: Michael Power
Jurisdiction: Commonwealth

The EDO (Vic.) worked with government, NGOs and community members to improve the design of the Carbon Farming Initiative, and the legislation that implemented it.

8. Castaway Campaign
CLC/Agency: Youth Advocacy Centre
Contact Person: Chelsea Leach
Jurisdiction: QLD

In Queensland, the United Nations Convention on the Rights of a Child is breached every day as 17 year olds are charged and imprisoned as adults.

The Castaway campaign highlights that young people have the responsibilities of adults without the rights of adults, so they are legal castaways.

The project will facilitate 100 young people to write 100 individual messages to be placed in a bottle and sent to 100 community leaders as a "message in a bottle." The campaign will also be supported by social media.

9. CLC4GV Campaign
CLC/Agency: Loddon Campaspe Community Legal Centre
Contact Person: Steve Womersley
Jurisdiction: VIC

The Goulburn Valley has no permanent CLC, only a Pilot service in Shepparton (with limited local outreach) managed by Loddon Campaspe CLC based in Bendigo. Effectively, the Goulburn Valley, which has demonstrable disadvantage and need, is a CLC blackspot. Accordingly, the CLC4GV Campaign aims to

  • urge governments to fund a permanent CLC in the region
  • promote the Goulburn Valley CLC Pilot, and
  • promote the value of CLCs in the region

The campaign uses a website and blog, e-newsletters, Facebook and Twitter and video in conjunction with more traditional campaign methods (lobbying etc) to promote the existing pilot service and to make the case for a commitment to ongoing funding from governme...

10. Climate Change Act
CLC/Agency: Environment Defenders Office (Vic.)
Contact Person: Michael Power
Jurisdiction: VIC

The EDO worked to improve the design of the Climate Change Act before it was introduced in 2010, and then to prevent the State Government winding it back in 2011-12.

11. Climate Change Law
CLC/Agency: Environment Defenders Office (Vic.)
Contact Person: Nicola Rivers
Jurisdiction: VIC Commonwealth

The EDO is undertaking a number of activities to ensure climate change laws are effective in tackling climate change and will not lead to negative environmental outcomes.

The main laws are the Carbon Farming Initiative legislation, Victorian Climate Change Act and proposed Federal carbon price.

Activities include assisting the community and peak environment groups to understand the proposed laws so that they can effectively engage with government on their development, making law reform submissions to government and holding public education forums.

12. Coastal Management Reform
CLC/Agency: Environmental Defender's Office (Tas.)
Contact Person: Jess Feehely
Jurisdiction: TAS

Campaign in response to government failure to deliver State Coastal Policy, urging development of a comprehensive coastal management framework

13. Community Housing
CLC/Agency: Tenants' Union of NSW
Contact Person: Ned Cutcher
Jurisdiction: NSW

Tenants NSW participates on the registrar of Community Housing's Advisory Forum, including discussion about draft "Compliance Framework", released for comment in September 2010.

We conducted preliminary research into the public availability of community housing providers' tenancy management policies. We provided comment to the Community Housing Divison (CHD) of Housing NSW about guidance to providers on use of 'no-cause' termination notices.

We understand that the Centre for Affordable Housing (CAH) is looking at providing similar guidance to affordable housing providers not covered by the CHD. Our discussions with the CHD and CAH on this issue are ongoing.

We had further discussion with the ...

14. Compensation for non-economic loss
CLC/Agency: Tenants' Union of NSW
Contact Person: Ned Cutcher
Jurisdiction: NSW

Tenants NSW became aware of the decision of the NSW Court of Appeal in Insight Vacations Pty Ltd v Young that proceedings relating to 'distress and disappointment' are subject to the Civil Liability Act 2002, and formed the view that this may severely limit tenants' proceedings for compensation.

Tenants NSW made submissions to the Minister for Fair Trading and the Attorney General seeking an exemption from the Civil Liability Act 2002 for proceedings under the Residential Tenancies Act 2010 and the Residential Parks Act 1998.

15. Constitutional Recognition of Indigenous Australians
CLC/Agency: Peninsula Community Legal Centre
Contact Person: Andrea Staunton
Jurisdiction: Commonwealth

Submission in support of Constitutional recognition of Indigenous Australians and the removal of racial discrimination powers.

16. Dealing with Fines Debt
CLC/Agency: Illawarra Legal Centre
Contact Person: Sharon Callaghan
Jurisdiction: NSW

The Illawarra Legal Centre wrote submissions, undertook advocacy work and developed educational resources on Fines and Work and Development Orders (WDO) outlining legislative and policy changes that reduce or eliminate fines debt and worked for improvements to these changes.

The Frequently Asked Questions (FAQ) sheets and wallet cards for young people are the basis of educational sessions and law reform work.

Work and Development Orders (WDO) were a key feature of the changes to the Fines Act and at the heart of our lobbying and advocacy work.

17. Developing a code of practice for the removal of children from parents with a disability
CLC/Agency: Disability Discrimination Legal Service
Contact Person: Adam Jones
Jurisdiction: VIC

The Pride and Prejudice Report developed by the Disability Discrimination Legal Service and Forgotten Families Report demonstrates that the removal of children from parents with disabilities is based on an assumption that people with disabilities cannot care for children in their best interests.

Legal action under State or Federal anti-discrimination laws might be available to a parent to challenge such a decision. The development of a code of practice for the removal of children from parents with a disability might prevent DHS and the Children's Court from removing children from parents with a disability until all the possible adapted techniques a parent with a disability has developed and accommodations for the parent are ...

18. Development of Disability Vilification Laws
CLC/Agency: Disability Discrimination Legal Service
Contact Person: Adam Jones
Jurisdiction: VIC Commonwealth

Vilification laws relating to racial vilification, homosexual vilification and HIV vilification exist in both State and Federal law. Tasmania is the only jurisdiction that currently includes disability vilification as part of its laws.

The aim of this project is to recommend to the Commonwealth Attorney-General that the proposals in the project be referred to the Australian Law Reform Commission to support the development of laws in this area.

19. Draft National Human Rights Action Plan
CLC/Agency: Kingsford Legal Centre
Contact Person: Edwina MacDonald
Jurisdiction: NSW Commonwealth

Kingsford Legal Centre made a submission to the Attorney-General’s Department on its draft National Human Rights Action Plan. The Plan is the Australian Government’s main response to the National Human Rights Consultation.

In addition to commenting on specific actions, we expressed our concern about the lack of broader policy goals and measurable performance indicators in the Plan.

We also wrote to the NSW Attorney-General to express our concern about the absence of any actions from NSW within the Plan.

20. End the Payday Debt Trap
CLC/Agency: Consumer Action Law Centre
Contact Person: Sarah Wilson
Jurisdiction: WA NT SA TAS VIC Commonwealth

The campaign informs people about the myths around pay day lending and encourages individuals and community organisations to take action. It is based on research findings that demonstrate that high cost loans exploit vulnerable consumers.

The campaign encourages submissions to the parliamentary inquiries considering proposed legislation that will cap the interest on payday loans.

The Consumer Credit and Corporations Legislation Amendment (Enhancements) Bill 2011 (the BIll) is being investigated by two committees; the Parliamentary Joint Committee on Corporations and Financial and the Senate Economics Committee.

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