Community Justice Centres
Director: Margie O’Tarpey
· Provides good practice mediation and conflict management services.
· Transfers skills and knowledge in dealing with and resolving conflict to clients and communities.
Community Relations Division
Director: Lida Kaban
· Provides advice and services to the Attorney General and the Government, including responding to the concerns of members of the community.
· Acts as a contact point for members of the public who wish to raise questions with the Attorney General.
Legal Management Service
Director: Sian Leathem
· Assists Government agencies with managing their legal service requirements.
· Conducts reviews of legal service needs.
· Assists with the design of tender processes.
· Acts as an independent member of tender panels for the selection of legal service providers.
Legal Representation Office
Director: Christine Nash
· Provides independent legal assistance and representation to witnesses in relation to their involvement with the Independent Commission Against Corruption and the Police Integrity Commission.
· Provides legal representation to witnesses before Royal and Special Commissions of Inquiry.
· Represents families of the victims of the Thredbo disaster at the Coronial Inquest and certain other inquests.
· Represents families of the victims and the injured of the Glenbrook rail accident at the Special Commission of Inquiry into the Glenbrook Rail Collision.
Public Defender’s Office
Senior Public Defender: John Nicholson, SC
· Provides legal representation to people who have committed serious criminal offences and who have been granted legal aid.
· Can be briefed by Aboriginal Legal Services, community legal centres, solicitors employed by the Legal Aid Commission or private solicitors.
State Debt Recovery Office
Director: Brian Robertson
· Provides a cost effective, whole of government approach to recovering outstanding fines, penalties and other debts.
· Administers the Government’s system for collecting outstanding fines and penalties.
COMMUNITY JUSTICE CENTRES
The mission of the Community Justice Centres (CJC) is to provide good practice, mediation and conflict management services for metropolitan and regional NSW that are confidential, impartial, accessible and voluntary.
The wide range of conflicts dealt with by CJC include:
· interpersonal disputes;
· neighbourhood disputes;
· apprehended personal violence;
· family and young people in conflict;
· couples in dispute;
· workplace disputes; and
· community to community disputes.
Goal: Continuously improve our services and increase satisfaction among our diverse clients.
This year, CJC expanded its delivery of services to become a more regional State-wide service. This expansion is the result of a review and restructure, which has seen the establishment of a more effective policy and planning directorate and four regional services:
· Sydney Region (administrative units in City and Bankstown);
· Western Region (administrative units in Campbelltown and Penrith);
· Southern Region (administrative unit in Wollongong); and
· Northern Region (administrative unit in Newcastle).
The community now has increased access to CJC services in all of these regions. A register of locally based community venues has also been developed to improve community access to mediation and conflict management services at the local level where people live and work.
To improve access to services for people who are isolated or unable to link with existing services, CJC has expanded its use of technology assisted mediation. CJC also continues to provide accessible mediation services during the day, after hours and on weekends.
A research project to ascertain client satisfaction with CJC services was completed during the year. The report was very positive and has resulted in the development of ongoing client surveys, and a proposed research review evaluation in 18 months.
Other achievements for CJC during the year include:
· reviewing and improving a client data base, which will assist CJC in identifying trends with disputing relationships and disputing behaviours; and
· working with local Aboriginal communities to facilitate the resolution of a number of community wide disputes.
Goal: Promote the earliest, most effective and efficient resolution of criminal matters and civil disputes.
CJC primarily deals with civil disputes involving interpersonal conflicts between individuals, groups and communities, where there is an ongoing relationships. This includes neighbourhood disputes, minor civil claims matters, families, couples and children, young people, and community wide disputes.
This year, 5887 files were opened for mediation. Of the 2122 mediation sessions that were held, 84 per cent were resolved to the satisfaction of the disputants. A further 391 (7 per cent) files were resolved, without proceeding to mediation, to the satisfaction of the parties.
A number of more serious and complex disputes referred to CJC, especially large community disputes and community disputes in rural areas, have been successfully resolved with CJC intervention.
CJC and NSW Local Courts have entered into a formal Memorandum of Understanding, to improve the referrals from local courts to CJC for those matters considered better dealt with by alternative dispute resolution. A working party has been established to develop the relationship, consider appropriate referrals, provide training in data collection and other support roles.
THE YEAR AHEAD
The key priorities for Community Justice Centres in the coming year will be to:
· support community disputes at an earlier stage of intervention;
· expand services to regional and rural NSW;
· enhance the partnership with Local Courts and Children’s Courts, refining referral and procedural relationships;
· enhance our partnerships with other key Attorney General’s Department business units, in particular Crime Prevention, Courts and Corporate Development and Training;
· enhance partnerships with external agencies, particularly the Department of Community Services, the NSW Police Service and Housing and Local Government;
· improve database to improve the integrity of data collected on the use of services by particular client groups, including ethnic and Aboriginal communities;
· explore and develop options for provision of service to Aboriginal communities;
· review the role of, and support for, mediators;
· review the Community Justice Centres Act 1983; and
· undertake an organisational quality review.
COMMUNITY RELATIONS DIVISION
The Community Relations Division (CRD) provides information and answers to questions about matters within the Attorney General's administration and the NSW justice system in general which are raised by members of the public or on their behalf. This includes the coordination of responses to formal requests for information under Freedom of Information legislation. The Division also advises the Attorney General on the exercise of statutory and common law powers and in the administration of the office of Justice of the Peace. The Victims Advisory Board now also falls within the administrative responsibility of CRD.
Goal: Continuously improve our services and increase satisfaction among our diverse clients.
CRD continued to review its procedures this year to ensure consistently high standards in handling correspondence and developed a client survey which will be conducted in the coming year. The review enables the Division to operate in a high volume situation without any general increase in the number of matters not completed within the 21 day time standard. This also enabled the Division to successfully manage the effects on core business of the appointment of a new Attorney General. A total of 13,425 items of Ministerial and Departmental correspondence were dealt with during the year. CRD is also engaged in an ongoing process of customising arrangements with other Departmental business centres to facilitate the exchange of information and the management of Ministerial correspondence.
A significant volume of inquiries concerning a range of issues affecting the Attorney General's administration were also handled by CRD during the year. These inquiries are received by CRD both over the counter and by telephone.
CRD focused on enhancing its strategic role within the Department, taking a greater role in identifying systemic problems and working in partnership with other business centres to address these problems. CRD also conducted regular meetings with business centres to provide feedback on issues raised in correspondence and assisted business centres to address recurrent concerns.
CRD has also participated in the development of general education programs, such as the Courts Information Project. This project aims to provide a range of factsheets to clients of the NSW courts. An information manual has been developed as a working document, setting out Departmental standards and protocols for the preparation of correspondence and applications matters.
The final stages of testing on the enhanced Justice of the Peace computer system software have commenced. Significant enhancements, such as the electronic transfer of information between the Department and the NSW Police Service will reduce the processing time for applications.
The installation of new software for dealing with Ministerial correspondence will also be a priority for the coming year. Concerns were identified with the proposed software and alternatives re-examined. A cooperative project for the development of new systems technology and better utilisation of equipment is underway. One of the features of any new software installed will be the capacity to generate meaningful data concerning the workflow of CRD.
THE YEAR AHEAD
The key priorities for the Community Relations Division in the coming year are to:
· formalise the complaints handling protocol;
· install new software for handling Ministerial correspondence;
· improve data collection to better measure performance of CRD, in particular through use of new technology;
· engage in benchmarking with other agencies to assist the continued review of procedures and performance measurement;
· continue enhancement of its strategic role by fostering closer links with other business centres and by providing timely and comprehensive feedback as required;
· continue improvement in switchboard services for the public and the Department; and
· prepare for the expected significant increase in workload which will be generated by changes made when the recommendations arising from the Justice of the Peace Discussion Paper are implemented.
LEGAL MANAGEMENT SERVICE
The Legal Management Service (LMS) offers consultancy services to NSW government agencies which involve providing assistance to review legal service needs. The service provided by LMS includes surveying and reporting on the best and most cost-effective ways State Government agencies can obtain legal services.
Goal: Contribute to the development of a legal system and laws in NSW that further the principles of justice and contribute to the achievement of the goals of the Government.
LMS implemented a number of initiatives during the year to assist agencies in complying with government policies of market testing in the selection of their legal service providers and in conforming to the requirements of the National Competition Policy. These initiatives included:
· organising a seminar for Government legal service managers on managing outsourced legal services to build expertise in this area within the Government legal sector;
· assisting several agencies in reviewing their legal services and in selecting external legal service providers through competitive tendering processes; and
· speaking at seminars and workshops on the outsourcing of legal services to private and public sector lawyers.
THE YEAR AHEAD
The key priorities for the Legal Management Service for the coming year are to:
· survey Government departments about their use of legal services and publishing the results to enable comparative benchmarking by agencies;
· update and distributing guidelines on reviewing and outsourcing Government legal service managers in reviewing their legal service needs and, where appropriate, outsourcing some legal services;
· revise and update the list of legal management consultants who are able to assist Government agencies;
LEGAL REPRESENTATION OFFICE
The Legal Representation Office (LRO) provides independent legal assistance and representation to witnesses and other people involved in selected public
and private inquiries.
Goal: Continuously improve our services and increase satisfaction among our diverse clients.
The LRO represented witnesses at various public and private inquiries held by the Police Integrity Commission during the year, including public inquiries relating to:
· The alleged involvement of former police officers and their dealings with members of Liverpool City Council; and
· the investigation of police in the Bondi shooting of Roni Levi.
The LRO also provided legal assistance and represented witnesses before the various public and private inquiries held by the Independent Commission Against Corruption. As part of this role, the LRO assisted witnesses before public inquiries relating to Liverpool City Council and the Roads and Traffic Authority and the Greyhound Racing Authority.
The LRO represented the interests of families of 16 of the 18 victims of the Thredbo Landslide at the Coronial Inquest. The clients of the LRO for this matter reside in metropolitan and country NSW, Victoria, Queensland, New Zealand and the United States. The Inquest commenced hearings in August 1998, with evidence taken from expert and non expert witnesses over a total of 158 hearing days.
The LRO represents ten families of the deceased victims and 18 injured persons at the Special Commission of Inquiry into the Glenbrook Rail Collision.
Other achievements for LRO during the year include:
· refurbishment of LRO to provide clients - many of whom are under extreme pressure - with improved waiting room and interview room facilities. Changes to the interview room, for example the inclusion of a round table, were designed to promote a non-threatening environment for clients;
· speedier and more cost effective communication with clients as a result of an upgrade in Office computer software and hardware; and
· presentation of seminars to members of the Public Service Association in relation to the Independent Commission against Corruption and the role of LRO.
THE YEAR AHEAD
The key priorities of the Legal Representation Office for the coming year are to continue to:
· provide high quality independent legal advice for persons appearing or about to appear before the Independent Commission Against Corruption and Police Integrity Commission;
· provide high quality representation for families of the victims and the injured at the Special Commission of Inquiry into the Glenbrook Rail Collision; and
· present seminars to members of the Public Service Association and staff of certain NSW Government Departments in relation to the Independent Commission against Corruption and the role of the Legal Representation Office.
PUBLIC DEFENDERS OFFICE
Public Defenders provide professional legal representation to members of the public who have been granted legal aid in relation to serious criminal charges. The instructing solicitors may belong to the Legal Aid Commission or private practice. In recent years, Aboriginal Legal Services (ALS) have been able to brief Public Defenders to appear for their clients.
Goal: Continuously improve our services and increase satisfaction among our diverse clients.
Public Defenders accepted 170 briefs for Aboriginal clients from various Aboriginal Legal Services in NSW. Public Defenders also appeared in six High Court of Australia special leave applications, 137 Court of Criminal Appeal appearances and 34 District Court Appeals.
The number of trial and sentence matters completed by the Public Defenders in the District Court and Supreme Court decreased this year due to Public Defenders increased presence in the Court of Criminal Appeal and the additional preparation time required for appearances in guideline judgments and the most complex Supreme Court matters. A total of 656 trial and sentence matters were completed, a decrease of 34 from last year.
Public Defenders also participated in a number of advisory committees including:
· the Bar Council’s Criminal Law Committee, Professional Conduct Committee, Education Committee and Legal Aid Committee;
· the Homosexual Advance Defence Monitoring Committee;
· the Criminal Justice Forum;
· the Professional Management Board of the Uniting Church’s Safe Injecting Room; and
· the District Court Listing Committee.
Other achievements for the Public Defenders during the year include:
· providing advice to solicitors from the Legal Aid Commission, the Aboriginal Legal Services and those in private practice in relation to criminal matters;
· participating in seminars and conferences relating to criminal law; and
· overseeing students from the Placement Programs run by the law schools.
THE YEAR AHEAD
The key priorities for the Public Defenders Office in the coming year are to:
· make permanent the temporary Executive Officer position;
· appoint an additional part-time Public Defender;
· appoint an additional part-time legal researcher;
· review support staff positions; and
· complete an extension to Carl Shannon Chambers.
STATE DEBT RECOVERY OFFICE
The State Debt Recovery Office (SDRO) provides fine enforcement and general debt recovery services to State and Local Government agencies.
Goal: Continuously improve our services and increase satisfaction among our diverse clients.
SDRO improved its recovery rate during the year, collecting more than $62 million in outstanding fines, penalties and and enforcement costs. This represents an increase of $9 million over the amount recovered in the 1998/1999 financial year.
A number of community networking initiatives were introduced to improve client services. Consultations were held between SDRO, the Aboriginal Liaison Unit of the Roads and Traffic Authority (RTA), Moree Local Council, employment agencies and prospective employers involved in the cotton industry to improve outcomes for people having trouble paying fines. This initiative will allow people in remote locations who are repaying fines and penalties, to drive for the purposes of taking up employment. This particularly benefits Aboriginal and Torres Strait Islanders.
SDRO also regularly conducts pre-release lectures to inmates of correctional centres so that they are informed of the fine enforcement system. The pre-release program informs these clients of their legal entitlements and responsibilities so that they can address compliance with the fine enforcement system prior to, or on release.
SDRO, in conjunction with the RTA, is achieving success in reducing the time taken between the payment of a fine and the lifting of a sanction from five days to overnight. This was the result of business process re-engineering (under the aegis of the Department’s Quality Program) and enhancements to the information technology environment at SDRO, and interdepartmental cooperation.
A software upgrade, system enhancement and the installation of a new fileserver has improved SDRO’s computer system performance. The new information technology environment will equip SDRO to respond to growing demand for its services and has already improved client service, through quicker system response times, thus reducing telephone call times and enabling more calls to be taken.
SDRO have continued to improve the design and content of documents. A plain English, SDRO information brochure was developed specifically for Indigenous clients. Enforcement Orders are also being reviewed so that they are more informative and will include more information about how to appeal orders, including a clearer description of the process.
A number of procedure manuals have been developed to enable staff at SDRO to better assist clients through greater job knowledge. These manuals include:
· an Induction Manual for new staff;
· a Fine Enforcement Procedure Manual, which describes all stages of the enforcement process; and
· an Accounts Manual.
The General Recoveries Operations Manual was also revised and the Victims Compensation Tribunal Operations Manual updated.
THE YEAR AHEAD
The key priorities for the State Debt Recovery Office for the coming year are to:
· administer the full range of fine enforcement activity, based on an estimated 650,000 new matters being referred for enforcement, in a timely and effective manner;
· commence a concurrent three year program to progressively clear the matters accumulated at various stages of the enforcement process and move the remaining historical matters to enforcement.
information current as of: 26 November 2009