The Community Law Practice Group specialises in a wide range of areas of law. The Practice Group offers the services of a solicitor advocate, providing clients with a cost effective advocacy service. The matters handled by the Practice Group include:

Charitable Trusts

The Practice Group provides advice and representation in matters concerning the Charitable Trusts Act 1993, the Dormant Funds Act 1942 and other legislation and general law matters concerning the administration of charitable trusts. The Attorney General, as protector of charities, often provides instructions to act where he has received an application to approve a cy-pres scheme. Such an application will arise when a trust for a charitable purpose has failed and the Attorney General needs to find a suitable way to apply the trust funds so as to give effect, as closely as possible, to the original charitable purpose. The Practice Group advises on whether the Attorney General's authorisation should be given for the commencement of charitable trust proceedings in the Supreme Court and often provides representation in those matters. Other types of matters include representation in Supreme Court proceedings in relation to breaches of charitable trusts and the construction of charitable gifts.

Discrimination

The Practice Group defends complaints of discrimination made under state and federal law to the Anti Discrimination Board and the Administrative Decisions Tribunal or the Australian Human Rights Commission and the Federal Magistrates and Federal Courts, that do not raise constitutional issues or relate to discrimination in employment: the latter two areas are handled by the Constitutional and Native Title and Employment Law Practice Groups respectively. Community Law provides written advice on anti-discrimination legislation, including issues such as the applicability of exemptions under the legislation to actions of various agencies.

Guardianship

The Community Law Practice Group advises the Guardianship Tribunal, the Protective Commissioner, the Public Guardian and other agencies in relation to matters arising under the Guardianship Act. The Crown Solicitor is often instructed to appear for the Guardianship Tribunal in appeals to the Supreme Court against its decisions and to provide assistance to the Administrative Decisions Tribunal when it hears applications for review from decisions of the Guardianship Tribunal.

Licensing (except employment & vocational)

The NSW Police Force and the Office of Liquor and Gaming provide instructions to act in proceedings relating to breaches of the Liquor Act and complaints under the Registered Clubs Act. The Criminal Law and Employment Law groups also advise and appear in licensing related matters, such as criminal prosecutions and matters in which a challenge is raised as to whether a person is a fit and proper person to hold a liquor licence.

Public Interest Immunity

Advice and representation is regularly provided in claims of public interest immunity, for agencies all across the NSW Government. Such claims involve the withholding of information or an objection to production of documents on the grounds that disclosure of the documents or information would harm public interest. Examples of situations in which public interest immunity can arise are: where the identity of a police informer may be revealed; where confidential methods of investigation used by law enforcement could be disclosed; where an ongoing investigation by a law enforcement agency might be compromised; and where cabinet documents and other documents relating to high level communications in government are sought to be disclosed. A number of these claims arise in the context of a subpoena to produce documents, and they can otherwise arise, for example, during the course of discovery or when a witness is giving evidence.

Relator Actions

These matters involve a grant by the Attorney General of what is known as his "fiat". This means that if a person wishes to bring proceedings, but does not have the standing to do so, the Attorney General may allow the person to bring the proceedings in his name if the matter involves issues which are in the public interest to be litigated.

The Community Law Practice Group also runs educational seminars for clients and conducts client training.

Clients requiring additional information on the work of the Community Law Practice Group should contact A/Assistant Crown Solicitor, Alison Walsh on (02) 9224 5241. Clients who would like a copy of the Community Law Practice Group profile which details solicitors' background and experience and support staff contact details, should e-mail csomarketing@agd.nsw.gov.au.