DOMESTIC VIOLENCE COURT ASSISTANCE PROGRAM
The Hon. J. W. SHAW (Attorney General, and Minister for Industrial Relations) [4.47 p.m.]: I refer to comments made by the Hon. Patricia Forsythe in this House on 7 April 1998 about the provision of a domestic violence court assistance service to the women of Mount Druitt. There continues to be some confusion on the details of the arrangements and an unwillingness to understand and acknowledge the main aims and principles of the scheme. The facts of the matter are that first, the Mount Druitt domestic violence court assistance co-ordinator began work on 1 April 1998, as intended. Second, Mount Druitt matters commenced to be determined at Penrith Local Court from 6 April as intended. Third, all Mount Druitt domestic violence cases that were commenced at Blacktown Local Court before 6 April and require a defended hearing will be determined at Penrith Local Court. Fourth, the Mount Druitt co-ordinator will divide her time, spending one day with women at Penrith Local Court, two days at the Mount Druitt polyclinic providing face-to-face consultations, and one day on follow-up work with clients, networking with Mount Druitt agencies, advocacy work and general co-ordination work. These are the essential functions of all court assistance schemes.
The honourable member’s comparison between the old and the new arrangements is confused by a misunderstanding of the old arrangements. The previous service based in Mount Druitt was not exclusively for Mount Druitt residents. It also covered Blacktown and Quakers Hill. The new arrangements provide for four days of court assistance services to be committed solely to the women of Mount Druitt. The suggestion that outside the glare of attention the service has recently received, the magistracy will reverse the decision and send Mount Druitt matters back to Blacktown is ridiculous. The decision was made in order to provide a proper balance and distribution of casework between Blacktown Local Court and Penrith Local Court. There is no indication that the magistracy will move away from that commitment or that the decision will be reversed. The decision by the magistracy to alter the sitting arrangements at Blacktown Local Court and Penrith Local Court allowed only a limited time for extensive community consultation. In this regard the commission relied, in part, on the Women’s Activities and Self Help Inc. - known as WASH - House, a high-profile organisation located in Mount Druitt, to represent the community’s views.
In relation to the decision-making process adopted by the Legal Aid Commission in this matter, I understand that the commission decided not to require either Blacktown or Penrith court assistance schemes to provide detailed written proposals on how the changed court arrangements could be best supported by the commission. Instead, I understand that two face-to-face meetings were held with representatives of WASH House and that numerous telephone discussions were held with the co-ordinator of the Blacktown scheme to discuss the issue. The commission believes that it has acted
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properly in its dealings with WASH House and that it has clearly articulated the reasons for its decision in this matter.
Just as the former co-ordinator was required to attend court when Mount Druitt matters were listed before the court, so will the new co-ordinator attend Penrith court. When the co-ordinator is attending court, clients will still be able to attend an appointment by contacting the scheme’s Penrith office. I am informed that Telstra has advised officers of my department that the cost of telephoning Penrith from Mount Druitt is that of a local call, not an STD call. I understand that discussions are taking place between the new co-ordinator and the chamber magistrate at Mount Druitt to streamline the process for arranging those appointments. It is anticipated that the chamber magistrate will be able to assist women in this regard by telephoning the Penrith office and arranging a suitable appointment on behalf of the client.
Court assistance schemes throughout New South Wales have developed different models of service delivery. While the appointment system which has been successfully used by the Penrith scheme differs from the "drop in" model adopted by the Blacktown scheme, there is no indication to date that either model is more or less effective than the other in ensuring that women have access to court assistance services. The Legal Aid Commission is currently evaluating all funded court assistance schemes to identify models of best practice within the State and ultimately to provide more guidance in the operation of court assistance schemes. The fundamental philosophy of domestic violence court assistance schemes is to empower women experiencing domestic violence to use the legal system, by providing support, legal representation, information and appropriate referrals to other services. I am confident that the staff of the Penrith court assistance scheme will use their skills and experience to provide a high level service to the women of Mount Druitt.
Motion agreed to.
House adjourned at 4.52 p.m.