Related legal services and agencies
The Sheriff of NSW | The Judicial Commission
Women’s Domestic Violence Court Assistance Schemes
Legal Aid Commission of NSW | Community Legal Centres | Victims Services
The Sheriff of NSW
The Office of the Sheriff has broad responsibility for the enforcing the civil law of New South Wales, as well as providing Court security and running the jury system.
In particular the responsibilities of the Sheriff today are to:
- Serve summonses and enforcement orders, warrants and orders of the Supreme, District and Local Courts, and other tribunals and courts in New South Wales;
- Serve and enforce orders within the borders of New South Wales on behalf of Commonwealth courts, including the High Court, Federal Court and the Family Court of Australia;
- Arrange security for the Supreme Court, District Court, certain Local Courts and a range of tribunals; and
- Administer the jury system in New South Wales.
Serving Court documents
The Sheriff's Office can serve any Court document, including
Civil documents
- Summons
- Statement of Claim
- Garnishee Order
Family law documents
- Application for Dissolution of Marriage (Divorce Papers)
- Other family law applications or documents
| Subpoenas
- Subpoena to appear before a Court
- Subpoena to produce documents
Documents issued from inter-state or foreign Courts
- The Office can assist in arranging for your legal documents to be served inter-state or overseas
Warrants
- Apprehension or Arrest
- Production of documents
- Recovery of money
Writs
- Levy of property (to recover a debt)
- Possession (to obtain vacant possession)
- Specific delivery (to recover property)
- Admiralty (ship or cargo arrest)
- Family Law Orders
The Sheriff’s Office and domestic violence
The two areas where the work of the Sheriff’s Office most directly relates to domestic violence are:
- Court safety
All incidents re Court safety should be reported to the Sheriffs Office
- Serving of documents.
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The Judicial Commission
The Judicial Commission is an independent statutory corporation established under the Judicial Officers Act 1986. It administers its own financial appropriation by Parliament from the Consolidated Fund and is independent from Executive Government.
The Commission
The Commission consists of six official members, being the Heads of Jurisdiction of the State's six courts, together with four appointed members appointed by the Governor of New South Wales. The President of the Commission is the Chief Justice of New South Wales.
The Commission is supported by a staff of thirty-five.
Meetings of the Commission
The Commission meets monthly.
Objectives and functions
The objectives of the Commission are to:
- Increase the efficiency and effectiveness of the use of judicial resources by improving the consistency of sentencing, and developing the skills and knowledge of judicial officers
- Handle complaints in a timely and appropriate manner.
The Commission’s major functions under the Act are to:
- Assist the courts to achieve consistency in imposing sentences
- Organise and supervise an appropriate scheme for the continuing education and training of judicial officers
- Examine complaints against judicial officers.
| Complaints
A complaint may be made by a member of the public or alternatively referred to the Commission by the Attorney General.
Complaints must be in writing and identify the complainant and the judicial officer concerned.
A standard form for lodging complaints is available from the Commission.
The Commission can deal with complaints that concern the ability or behaviour of judicial officers, namely:
- Judge or Master of the Supreme Court
- Judge of the Industrial Court
- Judge of the Land and Environment Court
- Judge of the District Court
- Judge of the Compensation Court
- Magistrate
- President of the Administrative Decisions Tribunal
The definition of judicial officer does not include people such as Assessors, Arbitrators, Commissioners, Registrars, Chamber Magistrates or legal representatives.
The Commission has no power to examine complaints against Federal judicial officers, or a person who is no longer a judicial officer.
The Judicial Commission and domestic violence
The Judicial Commission has a role in educating judicial officers and dealing with complaints about judicial officers.
See Part 4 Section F |
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Women’s Domestic Violence Court Assistance Schemes
The NSW Women's Domestic Violence Court Assistance Program is funded by the New South Wales Government. It is managed by the Legal Aid Commission and comprises 33 Women’s Domestic Violence Court Assistance Schemes across the State as well as a Training and Resource Unit auspiced by Women’s Legal Resources Limited.
The Court Assistance Schemes provide women and their children with support, advocacy, referral and information and facilitates their access to appropriate legal representation so that women can use the justice system to obtain protection orders prohibiting the perpetrator from assaulting, intimidating or harassing the victim again and end the domestic violence they have been experiencing.
The Training and Resource Unit provides specialist training for Coordinators, support workers and solicitors associated with the Program.
Aims
The aim of the NSW Women's Domestic Violence Court Assistance Program is to empower women and their children experiencing domestic violence to use the legal system by providing support, legal representation, information and appropriate referrals to other services.
Objectives
The Program has the following objectives:
- To improve the accessibility of the Local Court system for women seeking apprehended violence orders;
- To familiarise women and their children with the Court process, layout and personnel, in order to increase their knowledge of the criminal justice system and its operations;
- To arrange legal representation from appropriately trained, sympathetic legal practitioners/police prosecutors for women and their children seeking Apprehended Violence Orders;
- To advocate on behalf of women and their children around or in connection with Local Court proceedings. To be available to follow up on the order and make appropriate referrals on other legal matters;
- To assist women and their children seeking assistance with domestic violence matters to identify their needs and then advocate on their behalf in relation to those needs;
- To provide referral and advocacy to other appropriate services in the area of income support, housing, order enforcement, counselling and other needs as required;
- To provide court assistance services in a manner that ensures access and equity principles are applied to meet the particular requirements of special need groups within local communities; and
- To assist in ensuring that the personal safety of women and children is of the highest priority at all times whilst in the precinct of the Court and its surrounds.
| Court Assistance Scheme Workers
Court Assistance Schemes can employ a range of staff. Most schemes consist of a Coordinator, Assistant Coordinator, Administrative Assistant and specialist workers such as ATSI and CALD workers. Some schemes also have access to seconded support workers.
Role of the Support worker
The work of the WDVCAS Support Worker is crucial to ensuring that the WDVCAS provides a high quality and accessible service.
WDVCAS Support Workers are accountable to the WDVCAS Co-ordinator for:
- assisting in advocating, negotiating and liaising with all relevant agencies to ensure that women and their children receive the best possible service throughout their AVO proceedings.
- ensuring that client data is appropriately collected.
- complying with WDVCAP Policies, including Access and Equity policies and principles follow-up with clients when appropriate.
Direct service delivery
The WDVCAS Support Worker will aim to:
- Provide information and referral to women and their children at court
- Provide support for women and their children at Court during AVO proceedings
- Refer to coordinator for follow up when appropriate.
(For a list of Women’s Domestic Violence Court Assistance Scheme locations see Appendices, G. Agencies and support services, 2. Women’s Domestic Violence Court Assistance Schemes
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Legal Aid Commission of NSW
The Lagal Aid Commission (LAC) is a body funded by the State to provide legal assistance for matters arising under New South Wales law (State law).
The Commission has entered into an arrangement with the Commonwealth Government to provide legal asistance for matters arising under Commonwealth law.
The Commission has staff in 20 offices around NSW who can answer general queries about legal aid and legal issues from 9am to 5pm Monday to Friday.
For a full listing of Legal Aid Commission offices, see Part 5 Appendix G.
General Legal Advice from the Commission is not subject to means or merit tests. Advice is usually limited to about 15 minutes.
Telephone information, referral and advice is provided by LAWAccess NSW. | Legal Assistance
If a person needs more than simple advice, he/she will need to make an application for legal aid. If granted legal aid, the Commission will provide a lawyer to help the person with their case. The lawyer may be a LAC lawyer or, in some cases, a private lawyer or a community legal centre lawyer.
To get this type of assistance one will usually have to meet the Commission's means and merit tests which will be used to decide eligibillity for legal aid.
In AVO matters only applicants are entitld to select their own solicitor (solicitor of choice). There is also no merit test for AVP applicants.
Eligibility guidelines
Legal aid is available in a wide range of civil, criminal, family and administrative law matters. It is also available through the Commission's specialist service, which include the Mental Health Advocacy Servic, Prisoner's Legal Servic, Veteran's Advocacy Service, Child /support Service and Children's Legal Service.
The Commission uses guidelines to dcide who is eligible for legal aid in these different areas of law. The guidelines aim to be fair and consistent and to target people in the community who are the most socially and financially disadvantaged. |
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Community Legal Centres
Community Legal Centres (CLCS) provide free advice to help people sort out their legal problems, and are often a useful first contact point if a person has a legal difficulty. CLCs not only give legal advice, but also work to change laws when they are unfair or unjust, and undertake community education to help people in the community understand their legal rights and responsibilities.
Apart from Community Legal Centres which operate in a specialist area of law (e.g. Women’s Legal Resource Centre, Domestic Violence Advocacy Service, Aged-Care Rights Service, Environmental Defender's Office), generalist Community Legal Centres can only assist people who live in the communities they serve. Many centres offer assistance over the telephone, ranging from direct legal advice to suggestions about other organisations that may be a more appropriate source of help. CLC staff will also clarify eligibility for legal assistance from other organisations, including the Legal Aid Commission.
It's always a good idea, if possible, to phone the nearest CLC for information about their services before seeking assistance in person. CLCs are open during business hours, but generally have limited hours when phone advice or face-to-face advice is available. Some CLCs will make appointments for evening interviews if it is not possible to get there during the day. Many CLCs also provide outreach services in other towns and suburbs in the areas they cover.
Where no other legal assistance is available and a private solicitor is not affordable, a CLC may assist by negotiating on the clients behalf, preparing legal documents and, in some cases, representing the client in court.
A list of CLCs is in Part 5 Appendix 6
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Victims Services
Victims Services is part of the NSW Attorney General's Department and consists of
The three sections work together to help victims of crime in New South Wales access services and entitlements to assist in their recovery.
Victims of Crime Bureau
The Victims of Crime Bureau is a government initiative established under the Victims Rights Act 1996 to provide a critical link between victims of crime and service providers throughout NSW.
The Bureau's primary objectives are to:
- Provide support and referral services to victims of crime
- Coordinate the delivery of victims support and counselling services by government and community agencies
- Oversee the implementation of and report on the statutory Charter of Victims Rights
- Co-ordinate support services to the families and friends of missing persons.
For the purposes of the Victims Rights Act 1996, a victim is defined as a person suffering physical and/or emotional harm and/or property loss/damage, as a direct result of an act of violence committed by another person in the course of a criminal offence.
Services provided by the Bureau
The Bureau provides or coordinates a wide range of services either directly or indirectly for victims of crime including:
- Providing, in conjunction with the Sydney City Mission, a state-wide 24 hour Victims Support Line,
(02) 9374 3000 or 1800 633 063 (tollfree),which offers telephone counselling, support, information and referral service to victims of crime
- Providing information to victims of crime about support services and counselling and compensation application procedures
- Approving counsellors and administering the Approved Counselling Scheme
- Monitoring implementation of the Charter of Victims Rights and resolving complaints
- Hosting an Interagency forum of key stakeholders in victims' services and conducting projects arising from the interagency
- Training and educating providers of services for victims of crime and the community
- Developing resource materials (brochures, information kits and posters) relating to support services for and the rights of victims of crime
- Publishing the Victims of Crime Chronicle which is a newsletter that provides updates on the Bureau's activities and a forum for the exchange of information
- Developing and maintaining a data base of support services for victims of crime throughout NSW
- Researching and developing policy and undertaking projects on matters affecting victims of crime
- Providing strategic policy advice to the Attorney General and the Premier's Office.
| Victims Compensation Tribunal
The Victims Compensation Tribunal is part of Victims Services (part of the NSW Attorney General's Department).
There are approximately 50 legal and administrative staff who provide legal, quasi-judicial and administrative support in the processing and determination of claims for compensation and counselling for victims of crime.
Services provided include:
- Registering applications for compensation from victims of crime under the Victims Support and Rehabilitation Act 1996 and compiling supporting material (police and medical reports and submissions) to assist the processing of claims
- Registering and processing applications for counselling under the Victims Support and Rehabilitation Act 1996
- Assessing claims - making determinations and awards under the Victims Support and Rehabilitation Act 1996 having regard to the appropriate levels of compensation for the injuries suffered
- Restitution - recovering from defendants monies paid in compensation
- Legal advocacy in hearings before Magistrates to settle restitution matters and to secure orders to recover money from convicted offenders.
The Victims Advisory Board
The Victims Advisory Board is part of Victims Services within the NSW Attorney General's Department.
The Victims Advisory Board was established under the Victims Rights Act 1996 to advise the Minister (the Attorney General) on policies, practices and reforms relating to victims compensation and support services; and to consult victims of crime and community and government support agencies on issues and policies concerning victims of crime.
The Act provides for the Board to consist of up to 10 members appointed by the Minister including 4 members representing the general community; a member representing the NSW Police; a member representing the Attorney General's Department; and members representing other relevant Government agencies.
In addition to the Chairperson, the Board members include representatives from:
Victims of Crime Assistance League (VOCAL)
Mission Australia Victims Support Service
Homicide Victims Support Group
Enough is Enough
NSW Police
NSW Department of Health
Office of the NSW Director of Public Prosecutions (ODPP)
Victims Services
Victims Services provides an Executive Officer for the Victims Advisory Board. The Executive Officer provides administrative, policy and research support for the Board. |
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