Chapter 16: Finding Legal Help
The Law Society's Pro Bono Scheme
Finding a Lawyer
The Mental Health Advocacy Service (MHAS)
How does a person get assistance from the MHAS?
What form does legal representation take?
Who contacts the MHAS?
What Exactly Does the MHAS Do?
Public Interest Advocacy Centre (PIAC)
What kind of legal work does PIAC do?
What kind of policy work does PIAC do?
Can PIAC help you?
This chapter on seeking legal help is adapted from the NSW Attorney General’s web site.
The Law Society's Pro Bono Scheme
Pro Bono work is legal work done 'for the public good'. Solicitors who carry out pro bono work do so either without charge or at reduced cost for members of the public who are ineligible for Legal Aid or have limited means to retain legal representation. Pro bono work is also undertaken by solicitors for charitable and other non-profit making organisations.
The Law Society of NSW operates The Pro Bono Scheme which coordinates referrals of clients to law firms which are willing to provide legal assistance on a pro bono basis. Pro bono schemes operate means, needs and merit tests to ensure that the most deserving people and cases receive pro bono assistance. The criteria and guidelines for pro bono referrals to law firms follow a three step process:
- The client must have been refused legal aid for the relevant proceedings;
- A means and merit test is applied;
- The matter must fall within the Scheme's guidelines (i.e. it must be within an area of law included by the scheme)
The case must also have a reasonable prospect of success.
Matters which lawyers will undertake under a pro bono scheme include:
- Administrative Law
- Apprehended Violence Order applications
- Business Law in relation to non-profit organisations
- Child care and protection
- Criminal Law
- Debt and credit matters
- Discrimination matters
- Employment/Industrial Law
- Family Law (limited to children's matters)
- Immigration Law
- Tenancy matters
- Wills and Estates
Areas which are excluded from the Pro Bono Scheme include: business Law, save in exceptional circumstances; child maintenance matters; defamation matters; defended apprehended violence orders; disputes about legal costs; family law property disputes; local government and planning disputes; medical negligence claims; motor vehicle accidents/traffic matters; neighbourhood disputes; personal injury claims; professional negligence claims; property and conveyancing matters; victim's compensation claims
You can apply by caling Law Access NSW on 1300 888 529. Alternatively, you can download the application form from the Law Society Website at www.lawsociety.com.au/legalhelp
Finding a Lawyer
The NSW Attorney General’s Department suggests the following tools to help you locate legal professionals:
|
To find a NSW solicitor |
|
|
To find a NSW legal practice |
|
|
To find an accredited specialist |
|
|
To find an alternative dispute resolution solicitor |
Go to: http://www.lawsocnsw.asn.ausolicitordb.adrsearch.jsp/ |
|
To find a community legal centre in NSW |
|
|
To find out about Legal Aid |
|
|
To find Aboriginal legal services |
The Mental Health Advocacy Service (MHAS)
MHAS is part of the Legal Aid Commission of NSW. It represents people in hearings that relate to their detention and treatment in hospitals and the community, and management of their money. It provides representation for people with mental health or other disabilities before the Guardianship Tribunal and conducts a telephone advice service.
How does a person get assistance from the MHAS?
Solicitors from the MHAS attend each hospital that is presenting patients to the magistrate for an involuntary order and offer representation to each of those patients. It also does this for all eligible patients who have been in hospital and are being seen again for further orders.
People wanting representation before the Guardianship Tribunal need to contact the MHAS and ask for representation. Telephone advice about mental health-related law is available to anyone. Reverse charge calls are accepted for people outside
What form does legal representation take?
Legal representation means advocacy for the patient’s wishes. This may mean opposing the opinions of treating doctors or relatives. It is important that the patient’s view is presented to the magistrate or Tribunal, as well as views of medical professionals. Legal orders may be made compelling people to have treatment against their wishes. Legal representation is intended to ensure that these orders are not made unless the need for them is properly established.
Who contacts the MHAS?
Most people provided service by the MHAS are in hospital and do not need to contact MHAS because the solicitors from MHAS come and see them and offer assistance. The major reason that a patient may contact the service themselves is that, following a period in hospital, they may wish to have a Protected Estates Act Order or Community Treatment Order revoked.
MHAS can provide assistance in these types of matters if there is evidence to suggest that the order is no longer necessary. MHAS has a social worker who can assess a person’s ability to manage their financial affairs. The patient would normally need evidence of an alternative treatment plan from a doctor.
Other people can also contact the MHAS such as carers, relatives and friends, for assistance.
What Exactly Does the MHAS Do?
Legal representation is provided by MHAS to people in the following types of hearings:
- All patients appearing before magistrates in psychiatric hospitals.
- Temporary patients appearing before the Mental Health Review Tribunal (MHRT) to have their order extended.
- Temporary patients appearing before the MHRT to be made continued treatment patients.
- Temporary and continued treatment patients appearing before the MHRT to have a Protected Estates Act order made.
- Forensic patients appearing before the MHRT.
- ‘Incapable persons’ appearing before the Guardianship Tribunal (subject to request).
Subject to eligibility tests, representation is provided to the following people:
- Patients wanting to appeal against their detention in hospital.
- Patients wanting to appeal against decisions of the MHRT or Guardianship Tribunal.
- People other than the ‘incapable person’ appearing before the MHRT.
Contact details for the Mental Health Advocacy Service are in Chapter 18.
Public Interest Advocacy Centre (PIAC)
PIAC is an independent and non-profit legal centre.
PIAC’s charter is:
"Strategic legal and policy interventions in public interest matters that foster a fair, just and democratic society and empower citizens, consumers and communities."
PIAC undertakes matters of broad public importance or concern that have an impact beyond the interests and rights of individuals. PIAC’s clients and constituencies are primarily people who have least access to economic, social and legal resources and opportunities and their advocates. PIAC provides its services for free or at minimal cost.
What kind of legal work does PIAC do?
Legal actions include test cases, representative actions, ‘friend of the court’ and general public interest legal interventions.
What kind of policy work does PIAC do?
Policy work includes research projects, submissions, advocacy, law reform, publications and policy advice.Below is a list of PIAC’s priorities:
- Promote accountability, fairness and transparency in government decision-making;
- Reduce discriminatory practices, particularly in relation to race, sex, age or disability;
- Protect and promote the rights of Indigenous people, particularly in the area of civil law;
- Address the legal needs of disadvantaged and marginalised individuals and groups by facilitating access to free or affordable legal services from the private legal profession, in public interest matters;
- Develop a domestic mechanism for the protection of civil and political, economic, social and cultural rights and to ensure Australia’s compliance with international human rights obligations;
- Enforce the rights of people in detention;
- Develop and promote strategic advocacy skills within the broader community;
- Improve access to and quality of health services to effectively meet the needs of health consumers.