Handbook and Services Guide 2016

Transcription

1 Handbook and Services Guide 2016

2 Department of the Attorney General Handbook and Services Guide 2016 This Handbook and Services Guide incorporates the Department s Information Statement as required under the Freedom of Information Act This publication is a guide to the services provided by the Western Australian Department of the Attorney General in The Handbook and Services Guide also identifies the extensive body of information which the Department makes available to the public. The Guide is designed to assist people understand their rights and responsibilities under Western Australian law and to understand the justice system. It does this by providing information on services available through the Department and where and how to access them. While correct at the time of printing, information may be subject to change during the year. The information is also available on the Department s website at: which is updated regularly. Suggestions for the inclusion of information in future editions can be directed to the Public Affairs Branch on Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Web: 1

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4 From the Director General Providing services to Government and the community This Handbook is a guide to the services provided by the Department in 2016 and provides information about how to access them. The Department is responsible to the Attorney General, the Hon Michael Mischin MLC, and provides the following services to the State Government and people of Western Australia: the administration of courts, tribunals and boards the registration of births, deaths, marriages and changes of name advocacy, guardianship and administration services trustee services legal, legislative drafting, policy and multi-agency coordination for government. The 2016 Handbook consists of two sections. The first section gives an outline of the Department s role and function and the following section is a summary of services provided, including contact information. In providing these services the Department remains committed to its core values of excellent service, integrity and accountability, equity and fairness, collaboration and learning and professional autonomy. I am sure you will find the information in the handbook useful and additional information and assistance can be found on our website Cheryl Gwilliam Cheryl Gwilliam DIRECTOR GENERAL 3

5 Contents ABOUT THE DEPARTMENT...6 Role of the Department...7 Attorney General...7 Accountable Authority...7 Corporate Structure...8 Services to Government...9 Parliamentary Counsel s Office...9 State Solicitor s Office...10 Policy and Aboriginal Services...10 Commissioner for Victims of Crime..11 Access and Information Services...12 Freedom of Information (FOI)...12 Access to information available to the public...12 Access to personal information...13 Amending personal information...13 Access to non-personal information...13 Notification of decisions to access information and review rights...14 Access to employee information...14 Other Corporate Information...15 Public Interest Disclosure...15 Making a public interest disclosure...16 Complaints and feedback...16 Website...17 Disability Access...17 Employment Opportunities...18 Volunteers...21 Court Counselling and Support...21 Court Welfare Service...21 Justices of the Peace...22 Office of the Public Advocate...22 COMMUNITY SERVICES...23 Aboriginal Services...24 Aboriginal Justice Program...24 Aboriginal Mediation Service...24 Advocacy, Guardianship and Administration Services...25 Public Advocate...25 Birth, Death, Marriage and Change of Name Registrations...27 Marriage ceremonies...27 Certificates...27 Commemorative birth certificates...28 Change of name - registration and certificates...28 Court and Tribunal Services...31 How courts work...31 Attending court Criminal and civil court case procedures...32 Criminal matters

6 Civil and administrative matters...32 Other Court Services...33 Court child-minding...33 Court Risk Assessment Directorate..33 Court video-link...34 Court Welfare Service Aboriginal liaison officers...35 Jury services...35 Courts...36 Supreme Court...36 Family Court...37 Counselling...38 District Court...38 Children s Court...40 Magistrates Court...41 Magistrates Court Stirling Gardens..46 Drug Court...46 Family Violence...47 Mental Health Court...48 Coroner s Court...49 Tribunals...50 State Administrative Tribunal...50 Boards...51 Gender Reassignment Board...51 Mentally Impaired Accused Review Board...52 Prisoners Review Board...52 Supervised Release Review Board...53 Fines and Enforcement Services...54 Sheriff s Office...54 Fines Enforcement Registry Justices of the Peace...56 Trustee Services...57 Public Trustee...57 Wills...57 Give2Good...57 Deceased estate administration...57 Executor assist...57 Trust management...57 Private administrator support...58 Grants...59 Criminal Property Confiscation Grants...59 Victim Services...60 Support for victims...60 Preparing a victim impact statement...60 Victim Support Service...63 Family Violence Service...63 Child Witness Service...64 Criminal Injuries Compensation...65 Related Service Providers...67 Index

7 ABOUT THE DEPARTMENT HEADING 6

8 Role of the Department The Department of the Attorney General manages critical aspects of the Western Australian justice system and various State Government legal responsibilities. The key services of the Department are to provide: the administration of courts, tribunals and boards the registration of births, deaths, marriages and changes of name advocacy, guardianship and administration services trustee services legal, legislative drafting, policy and multi-agency co-ordination for government. Attorney General Hon Michael Mischin MLC Attorney General; Minister for Commerce Dumas House 2 Havelock Street WEST PERTH WA 6005 Phone: Fax: Accountable Authority Cheryl Gwilliam Director General Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Fax:

9 HEADING Corporate Structure Director General Cheryl Gwilliam Management Assurance Manager: Duska Separovic Advisory Services Manager: Mark Hainsworth Public Affairs Manager: Michelle Downie Policy and Aboriginal Services Director: Bob Taddeo Develops policy and legislation for the State Government and information for Departmental business areas. Aboriginal mediation and Aboriginal Justice Program. Commissioner for Victims of Crime Commissioner: Jennifer Hoffman Provides strategic advice on issues surrounding victims of crime in WA. Court and Tribunal Services A/Executive Director: Joanne Stampalia Courts, tribunals and boards, victim support, court security, fines enforcement and Justices of the Peace. Parliamentary Counsel s Office Parliamentary Counsel: Geoffrey Lawn Legislative drafting services to Government and to private Members of Parliament. Office of the Public Advocate Public Advocate: Pauline Bagdonavicius Advocacy and investigation, guardianship and community education services on behalf of adults with decision-making disabilities. Public Trustee Public Trustee: Brian Roche Trustee services to the WA community. Registry of Births, Deaths and Marriages Registrar: Brett Burns Creates and stores birth, death and marriage records and change of name records and conducts civil marriages. State Solicitor s Office State Solicitor: Paul Evans Legal services to Government. 8 Corporate Services Executive Director: Bill Hewitt Asset management and contracts, business services, financial management, human resources and information services.

10 Services to Government Parliamentary Counsel s Office The Parliamentary Counsel s Office provides comprehensive legislative drafting and related services to the State Government, its departments and agencies and to private members of Parliament. The services include: preparing drafts of bills for ministers for introduction into State Parliament according to the Government s legislative program preparing draft subsidiary legislation for ministers and Government agencies so the Acts they administer can be fully implemented and properly administered compiling and consolidating texts of Acts and subsidiary legislation of the State so that those laws are reprinted and available for those who must comply with, apply, or enforce them maintaining and arranging publication of the WA legislation information tables maintaining an electronic database of Acts and subsidiary legislation of the State so that past and current versions of those laws are readily accessible by the public, government agencies and the judiciary making its legislative drafting services available to private members of Parliament and to facilitate the work of parliamentary committees. Parliamentary Counsel s Office Level 13, Westralia Square 141 St Georges Terrace Phone: Fax: pco@pco.wa.gov.au Web: During 2016, the Parliamentary Counsel s Office will move location to 28 Barrack Street, Perth. 9

11 State Solicitor s Office The State Solicitor s Office provides broad-based legal services to the Government of Western Australia and many State Government departments, instrumentalities and agencies. These legal services include: conducting litigation providing legal advice representing clients in courts and tribunals preparing a range of legal documents, including contracts, agreements and court documents. The office also advises the Attorney General on legal matters, including those relating to law reform. The State Solicitor s Office is not permitted to provide legal advice to private individuals or businesses. If you require legal assistance contact a private solicitor or a public law body such as Legal Aid WA. State Solicitor s Office Level 16, Westralia Square 141 St Georges Terrace Phone: Fax: Web: During 2016, the State Solicitor s Office will move location to 28 Barrack Street, Perth. 10 Policy and Aboriginal Services The Policy and Aboriginal Services Directorate is responsible for strategic policy and legislation projects to support the Attorney General s wide-ranging reform agenda and the provision of effective justice services in Western Australia. The key functions are: facilitating the amendment of legislation to reform criminal and civil law and procedure developing policy initiatives to improve justice-related outcomes for all members of the community and developing initiatives that improve justice outcomes for Aboriginal people providing policy advice to the Director General and the Attorney General to assist them in their roles undertaking reviews, evaluation and research to recommend improvements to and future directions for policy, legislation and services conducting research and statistical analysis of current justice issues and trends administration of the Aboriginal Justice Program and Aboriginal Mediation Service providing administrative support to the Law Reform Commission of Western Australia. Policy and Aboriginal Services Directorate Department of the Attorney General Level 12, Westralia Square 141 St Georges Terrace Phone: Fax: During 2016, Policy and Aboriginal Services Directorate will move location to 28 Barrack Street, Perth.

12 Commissioner for Victims of Crime Commissioner for Victims of Crime The Commissioner for Victims of Crime has particular responsibility to ensure members of the public and government agencies are aware of the Victims of Crime Act 1994 and their corresponding rights and responsibilities under that Act. The Commissioner: provides high level advice and expertise to the Director General and the Attorney General on issues surrounding victims of crime in Western Australia monitors and reviews the effect of all elements of the justice system on victims of crime with a particular focus on police and court practices and procedures builds and sustains effective communication and working relationships with key stakeholders, victims of crime, government agencies and industry representatives. Information available Videos Videos aimed to help victims of crime navigate through elements of the criminal justice system and to raise awareness of available support services can be accessed via the Department of the Attorney General website at > About the Department > Services to Government > Commissioner for Victims of Crime. Commissioner for Victims of Crime Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Fax: cvoc@justice.wa.gov.au During 2016, the Office of the Commissioner for Victims of Crime will move location to 28 Barrack Street, Perth. 11

13 Access and Information Services Freedom of Information (FOI) The Western Australian Freedom of Information (FOI) Act 1992 allows access to information held by the Department of the Attorney General. Under the Act, the Department is required to deal with applications for information within 45 days of receipt. The FOI Act encourages an open and transparent Government through the release of documents and information. For complete details of the FOI process, visit The FOI Act is not the only process through which Departmental documentation can be released to the public. Prior to lodging a FOI access application, people can contact us to check if an existing procedure for release of information is already in place. Access to information available to the public All FOI applications made to the Department are co-ordinated by a FOI officer. The officer can also assist with requests for documents available for purchase or free of charge. No information requested through a FOI request can be released over the phone. A FOI application should include as much information as possible as this will help us locate relevant information. There are a number of FOI co-ordinators who respond to information applications. To arrange to inspect Department information available to the public, contact the appropriate FOI co-ordinator. Knowledge Management and Compliance Branch Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Fax: Web: Office of the Public Advocate PO Box 6293 EAST PERTH WA 6892 Phone: Fax: Web: Public Trustee GPO Box M946 PERTH WA 6843 Phone: Fax: Web: State Administrative Tribunal GPO Box U1991 PERTH WA 6845 Phone: Fax: Web: 12

14 State Solicitor s Office GPO Box B83 PERTH WA 6838 Phone: Fax: Web: Access to personal information Applications for your personal information must be made in writing. Fees and charges do not apply. Personal information can be: factual or routine information, such as date of birth, length of employment or qualifications opinions or evaluative material such as advice or recommendations of a third party, records of interviews or material in personnel records. Amending personal information The right to amend personal information held by the Department ensures personal information does not unfairly harm the person referred to, misrepresent facts about them or give a misleading impression. Applicants must provide details and, if necessary, documentation to support their claim if the information they seek to amend is inaccurate, incomplete, out of date or misleading. Applicants must also show how they want the amendment to be made within the options set out in the Freedom of Information Act This includes altering information, striking out or deleting information, inserting information and inserting notes in relation to information. Access to non-personal information All FOI applications for non-personal information must be made in writing, accompanied by a $30 application fee and addressed to the appropriate FOI co-ordinator. The following additional charges may apply when processing a FOI application: time taken with application: $30 per hour supervised access: $30 per hour photocopying: $30 per hour (staff time) and 20c per copy transcribing information from tape or other device: $30 per hour duplicating tape, film or computer information: actual cost delivery, packaging and postage: actual cost. If charges are expected to be more than $25, the applicant will be given an estimate as soon as possible after the application is received. The Department reserves the right to request an advance deposit. A reduction in charges may be sought in cases of financial hardship. 13

15 Notification of decisions to access information and review rights under the FOI Act The Department will issue a written notice of its decision to an applicant within 45 days of receipt of a request for information (or 30 days for applications to amend personal information). Once the application has been evaluated a notice advising the applicant of the manner in which the access has been provided under the FOI Act is sent out and may consist of the following: full access partial access (edited format) refused access. The notice will include the date of the decision, name and designation of the decision maker, reasons for deleting any matter, reasons for deferring access, arrangements for giving access, reasons for refusing access to any matter, the amount and basis for any charges levied and the rights of review and procedures to be followed. An applicant who disagrees with a decision made by the Department can submit a written request to the Department to review the decision internally, within 30 days of receiving it. The person who conducts this Internal Review will be different from, and not subordinate to, the original decision maker. Fees do not apply. The Department must respond with a written notice of a decision within 15 days. If the applicant is still not satisfied they may lodge a written complaint to the Government s independent Information Commissioner, who reports directly to the Parliament, for an external review. This application needs to be lodged with the Information Commissioner within 60 days of receiving the internal review decision. Office of the Information Commissioner Albert Facey House 469 Wellington Street Phone: Toll free: info@foi.wa.gov.au Web: Access to employee information Employee, personal and employment details are stored on the Department s electronic human resource management system and individual personal files. Photocopies of requested documents can be provided. Former employees have similar rights of access to personal files as do current staff. Requests can be made in writing to: Manager Information Management and Analysis Shared Transactional Human Resources Directorate Department of the Attorney General PO Box F317 PERTH WA

16 Other Corporate Information The Department s Corporate Services Division supports a diverse workforce, a complex range of building assets and operational needs of the agency. This support also extends to independent offices, including the Department of Corrective Services, the Parliamentary Inspector of the Corruption and Crime Commission, Professional Standards Council, Legal Costs Committee and the Law Reform Commission. Corporate information The Department produces a range of information including: Annual Report Law Almanac (online only) Budget papers - Available for purchase from the State Law Publisher or through the Department of Treasury website at Corporate records - ministerial correspondence, ombudsman inquiries, Parliamentary Counsel files, freedom of information files and administration files. Court documents can be requested from courts directly. Public access to corporate records is subject to a Freedom of Information application being made. Refer to the Freedom of Information section for further advice on retrieving these records via the Freedom of Information process. Public Interest Disclosure Under the Public Interest Disclosure Act 2003, any person can report something they believe is wrong with the way a public authority, public officer or public sector contractor is acting, or may be going to act, which is of public interest. This might involve: improper conduct an offence under State laws (including corruption) administration matters irregular or unauthorised use of public resources substantial mismanagement of public resources conduct that involves a substantial and specific risk of injury, prejudice to public safety or harm to the environment. A public interest disclosure must always be in the public interest to report it. It does not apply to information that someone has, or is, engaging in criminal behaviour not connected to their employment. The Public Interest Disclosure Act 2003 details what may be disclosed and who it must be disclosed to. It also provides for the protection of people who make a disclosure and those who may be the subject of a disclosure. 15

17 Making a public interest disclosure To make a public interest disclosure, a public interest disclosure form, available from the Department s website, must be completed. Completed forms must be lodged with the Department s Public Interest Disclosure Officer. It is recommended that you seek advice from the Public Sector Commission or the Department s Public Interest Disclosure Officer before making a public interest disclosure. Public Interest Disclosure Officer Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: (secure confidential phone line) Web: Public Sector Commission Locked Bag 3002 WEST PERTH WA 6872 Phone: admin@psc.wa.gov.au Web: Information available Online making a disclosure of public interest public interest disclosure form Complaints and feedback The Department of the Attorney General is committed to providing quality service to Government, agencies and the WA community and welcomes your feedback on our performance. The Department is committed to openness and transparency and will ensure all complaints are addressed in a timely and appropriate manner. Your feedback If you wish to provide a comment, compliment or complaint about our staff, procedures or services, you can choose one of the following feedback options: Lodge your feedback via the Department website the Customer Feedback Co-ordinator below via phone, fax, or in writing. Alternatively, all staff members can take your feedback details and may be able to assist you. Customer Feedback Co-ordinator Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Fax: cfms@justice.wa.gov.au For assistance with an interpreter, contact the Australian Government s approved Translating and Interpreting Service (TIS) National on which is available 24 hours a day, seven days a week for any person in Australia. 16

18 National Relay Service for TTY/ voice calls. Please provide your preferred contact information as well as an alternative. What will happen next? We will send acknowledgement of receipt of your feedback within five business days with information on how to obtain further updates if required. If your feedback requires a response, we will aim to contact you within 10 business days. Website The Department s website provides information about the following areas: About the Department Births, Deaths and Marriages Commissioner for Victims of Crime Court and Tribunal Services Parliamentary Counsel Policy and Aboriginal Services Public Advocate Public Trustee State Solicitor The website also includes quick links and feature items to navigate directly to the most frequently information sought. Public Affairs Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Fax: Web: Disability access The Department of the Attorney General is committed to ensuring that people with disabilities, their families and carers are able to access the Department s services, facilities, employment and information by providing them with the same opportunities, rights and responsibilities enjoyed by all other people in the community. The Department s Disability Access and Inclusion Plan (DAIP) details the Department s disability services priorities and must be read in conjunction with the Disability Services Policy and related plans within business areas. The plan is available from: The Department s plan broadly reflects the public sector s aim to ensure people with disabilities, their carers and families, have the same rights and opportunities as other community members to access the services provided by our agencies. If you have any queries about accessing information, services or buildings/ facilities please contact the DAIP Co-ordinator on or select the Feedback link on: Information available The Disability Access and Inclusion Plan can be made available in a variety of formats on request. 17

19 Employment Opportunities There are countless ways to develop your career at the Department of the Attorney General. It is one of the most diverse public sector organisations in WA, providing a variety of legal, justice and related services to Government and the community. The Department is an equal opportunity employer and we strongly encourage people from diverse backgrounds to join us. Employment opportunities are advertised on and The Department also advertises through various local and national newspapers. Appointment to all positions within the Department is subject to criminal records screening. Strict safeguards and confidentiality requirements are in place to protect the rights of all individuals screened. The range of careers and business areas include: Policy As part of the policy area you could be involved in strategic policy and legislation projects that support the Attorney General s wide-ranging reform agenda and the provision of effective justice services. Our roles are aimed at people who have a strong background in policy development, research, statistics and evaluation. Aboriginal Services Aboriginal Services furthers the interest of Aboriginal people through its leading role in the Aboriginal Justice Program, the Aboriginal Mediation Service and the Aboriginal Traineeship Program. This program provides a 12-month structured workplace-based traineeship at certificate level. Staff have the opportunity to play an important role in improving the lives of Aboriginal people. Corporate Support Corporate Services staff provide support services across the Department. This Division has excellent career prospects for people working in many fields of corporate support including: accounting administrative support contract and asset management finance human resources information technology internal auditing policy development project management public affairs. 18

20 Court and Tribunal Services Court and Tribunal Services is responsible for ensuring the delivery of an effective justice system. There are a variety of challenging and fulfilling roles in courts, including: administration officers business analysts case management officers customer service officers fines enforcement staff jury officers roles supporting the judiciary victim support workers and counsellors. Office of the Public Advocate The Office of the Public Advocate protects and promotes the rights of adults with a decision-making disability, to reduce their risk of exploitation, abuse and neglect. The two main roles of the Office of the Public Advocate are: Investigator advocates: who conduct investigations to determine if a person needs a guardian and/or administrator appointed. Guardians: who make decisions in the best interests of adults with a decision-making disability, when the State Administrative Tribunal appoints the Public Advocate as their guardian of last resort. Parliamentary Counsel s Office The Parliamentary Counsel s Office employs specialist lawyers who provide comprehensive legislative drafting and related services to Government to prepare legislation which gives effect to Government policy and priorities. Officers also provide drafting services to private members of Parliament. Career opportunities are also available in administrative support. Public Trustee The Public Trustee provides professional and independent trustee and management services. Employment opportunities include: administering deceased estates helping establish enduring powers of attorney helping people to prepare wills overseeing the financial and legal affairs of people who cannot make these decisions themselves. 19

21 Registry of Births, Deaths and Marriages The Registry s purpose is to create and preserve an accurate, permanent and confidential record of births, deaths, marriages and changes of name that occur in Western Australia. A range of careers are offered in: helping with family research managing demographic records critical to progressing the State s planning civil marriage ceremonies registering births, deaths, marriages and changes of name. State Solicitor s Office The State Solicitor s Office is a leading WA law office which provides a broad range of legal services to the WA Government, its departments and agencies. These services include legal advice, representation as counsel in courts and tribunals, the preparation of legal documents and the conduct of litigation. Career opportunities include: lawyers (from restricted practice to partner equivalent level) articled clerks and legal officer trainees law clerks and paralegals legal assistants and legal secretaries researchers. 20

22 Volunteers The Department of the Attorney General has a variety of volunteers who provide a range of support to its various services. Volunteers also provide expertise and input into Department projects and initiatives through community reference groups. Court Counselling and Support Volunteers are engaged in the Family Violence Service, Victim Support Service and Child Witness Service where they provide support and court companionship to victims of family and domestic violence, victims of crime and child witnesses required to give evidence or who may otherwise be attending court. This support includes court preparation, assistance with violence restraining order applications, court familiarisation, keeping victims informed of court dates and outcomes and providing general information about the services available. Volunteers undergo extensive training and are supported by a professional team. Court Welfare Service The Court Welfare Service is a volunteer organisation that offers advice, support and referrals to people who are involved in the WA courts system. It also supports the daily running of the court. Court welfare officers are trained volunteers who, after six months supervision, are rostered to attend court at least one morning each week for a year. No prior legal knowledge or training is needed, but a police clearance is required. Court Welfare Service Level 4, Central Law Courts 501 Hay Street Phone: Monday to Friday 9am - 12pm Co-ordinator Volunteer Services Victim Support and Child Witness Service Department of the Attorney General Level 2, District Court Building 500 Hay Street Phone:

23 Justices of the Peace Justices of the Peace are volunteers who undertake a range of administrative duties in the community including swearing, affirming and declaring documents. Other administrative duties relate to bail applications and issuing search warrants. At many court locations throughout the State, Justices of the Peace are required to perform judicial duties presiding in magistrates courts. Manager, Justices of the Peace Branch Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Fax jps@justice.wa.gov.au Web: Office of the Public Advocate Volunteers in the Office of the Public Advocate s Community Guardianship Program are matched with an adult with a decision-making disability for whom the Public Advocate has been appointed as the guardian of last resort. Once appointed by the State Administrative Tribunal, the community guardian s role is to make informed decisions in the person s best interests. Community Guardianship Program Co-ordinator Office of the Public Advocate Phone: Web: 22

24 COMMUNITY SERVICES 23

25 Aboriginal Services The Department of the Attorney General is committed to developing culturally relevant policy, programs and services for Aboriginal people. The Policy and Aboriginal Services Directorate co-ordinates and facilitates engagement with the Aboriginal community through various Aboriginal justice programs. It is also responsible for administering the Aboriginal Mediation Service. Aboriginal Justice Program The Department s major Aboriginal justice initiatives aim to address specific targets including: lack of motor vehicle licences compounding of fine and infringement defaults. The targets aim to reduce the involvement of Aboriginal people in the criminal justice system. Policy and Aboriginal Services Directorate Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Fax: Web: Aboriginal Mediation Service The Aboriginal Mediation Service (AMS) provides culturally appropriate dispute resolution services to Aboriginal and Torres Strait Islander people. The aim is to assist in addressing conflict or disputes between individuals and/or groups, including families and communities. Mediation through AMS requires all parties to commit to 24 voluntarily participate in good faith. Parties work towards resolving their dispute and attempt to reach outcomes that everyone can live with. The service aims to assist people resolve conflicts before they escalate into violence or result in court action. If the service cannot assist in resolving a dispute, the service will make every attempt to provide information about appropriate agencies or support groups that may be able to assist. The service works closely with other agencies to provide a practical approach to bring peace and reduce the level of violence between disputing parties. Information available Publications Aboriginal Mediation Service brochure Fact sheet about mediation Aboriginal Mediation Service Department of the Attorney General GPO Box F317 PERTH WA 6841 Phone: Freecall: Fax: Web: During 2016, Aboriginal Justice Program and Aboriginal Mediation Service will move location to 28 Barrack Street, Perth.

26 Advocacy, Guardianship and Administration Services Public Advocate The Public Advocate is an independent statutory officer. The role of the Public Advocate, appointed under the Guardianship and Administration Act 1990, is to promote and protect the human rights, dignity and autonomy of adults with a decision-making disability and to reduce their risk of neglect, exploitation and abuse. People with a decision-making disability include people who are unable to make reasoned decisions due to dementia, intellectual disability, mental illness and/or an acquired brain injury. The Office of the Public Advocate: investigates concerns about the abuse, neglect or exploitation of an adult with a decision-making disability and decides whether a guardian or administrator is required provides guardianship services for personal, lifestyle and/or treatment decisions on behalf of an adult with a decision-making disability when a hearing in the State Administrative Tribunal determines there is no one else suitable or willing, and appoints the Public Advocate as guardian of last resort promotes the guardianship and administration system and the human rights of adults with a decisionmaking disability, through a telephone advisory service, community education and input into public policy conducts a community guardianship program which matches volunteers from the community with adults with decision-making disabilities and works towards those volunteers being appointed by the State Administrative Tribunal as guardian for that person. Information available The Office of the Public Advocate provides information on how to protect the human rights of adults with a decision-making disability, as well as advice and training in the areas of guardianship, administration, enduring powers of attorney and enduring powers of guardianship. Office of the Public Advocate publications are available online at Publications include: Information sheets The Guardianship and Administration System Role of the Public Advocate 25

27 Role of the State Administrative Tribunal Guardianship Administration Sterilisation Public Advocate - customer feedback and service standards Enduring Powers of Attorney Enduring Powers of Guardianship Planning for the Future. Position statements Decisions about treatment Restraint Role of the Public Advocate as guardian of last resort in accommodation decisions Role of the Public Advocate as guardian of last resort in treatment decisions Role of the Public Advocate as guardian of last resort in contact decisions Role of the Public Advocate as guardian of last resort in treatment decisions: palliative care. Brochures and guides Office of the Public Advocate Community Guardianship Program Are you worried about a vulnerable adult who needs help making decisions? (For Aboriginal people) If you can t make your own decisions, who will make them for you? Annual reports Your choices to make an Advance Health Directive and appoint an enduring guardian Enduring Power of Attorney guide Enduring Power of Attorney information kit* Enduring Power of Guardianship guide* Enduring Power of Guardianship information kit* *Hardcopy versions can be purchased from the State Law Publisher. Call or sales@dpc.wa.gov.au. Office of the Public Advocate PO Box 6293 EAST PERTH WA 6892 Phone: Fax: Web: Telephone Advisory Service This service provides information for people who have a personal or professional interest in the human rights and needs of adults with a decisionmaking disability, or require information about enduring powers of attorney and enduring powers of guardianship. Available 9am - 4:30pm, Monday to Friday (recorded information available 24 hours). Phone:

28 Birth, Death, Marriage and Change of Name Registrations Registry of Births, Deaths and Marriages The Registry of Births, Deaths and Marriages creates and permanently stores birth, death, marriage and change of name records for life events occurring in Western Australia and performs civil marriages in the Perth Registry Office. The Registry allows eligible people to obtain documentary proof of these key life events for legal, personal or historical purposes. It also allows approved organisations to obtain authorised information for research purposes. Information in the register may be corrected on application. Supporting documentation and payment of prescribed fees are required. Marriage ceremonies The Registry provides civil marriage ceremonies with minimum formality. Couples can personalise their ceremony by introducing additional vows, music or floral displays. The waiting and marriage rooms are well-appointed, with guest seating and provision for a photographer to move around and record the special event. Registry marriages give couples the option and convenience of a central, air-conditioned location. Marriage ceremonies are conducted at 30 minute intervals between 9:30am - 12pm and 2pm - 3:30pm, Monday to Friday. An appointment for a pre-wedding interview must be made at least one calendar month before your ceremony. These are held between 8:30am - 11:30am and 2pm - 3:30pm, Monday to Friday. Marriage fees Refer to the Registry website at: Certificates (birth, death, marriage and change of name) When applying for a certificate, applicants must provide proof of identity from a range of commonly available identity documents. If applying in person, original documents are required. Applications sent by post must be accompanied by photocopied and certified identification documents. The list of acceptable identification documents and information on who can apply for a certificate can be found at 27

29 Commemorative birth certificates These are available for anyone born in WA (access and identification conditions apply). A selection of certificates is available. A standard certificate is supplied with each commemorative certificate ordered. Certificate designs and application forms are available at: Change of name - registration and certificates The Registry will change a name and issue a change of name certificate in a minimum of 15 working days of receiving a properly completed application form, the required identification and the relevant fees. If paying by personal cheque, an additional 10 working days are required for cheque clearance. Information available Fees Information on fees payable for all products and services provided by the registry is available at: Recorded information Information on certificates, registry marriages and change of name applications can be accessed 24 hours on Register access The Registry maintains a written statement of the policies on which access to information contained in the registers is to be given or denied. This policy information is available on the registry website at: The Registry has a range of information available including: Publications Commemorative birth certificates order form Commonwealth Marriage Act Happily ever before and after Your registry wedding Tracing your family tree Help us to protect your identity and reduce fraud Registering your child s birth and applying for a birth certificate. Forms Application forms, including a certificate application form, are available at: Documents and products available for purchase (conditions apply) Certified copy of a registration of birth, death, marriage or a change of name. Commemorative birth certificate. Online indexes Free online searching for WA births registered between ; deaths registered between and marriages registered between are available to help family historians trace their ancestors. 28

30 Registry of Births, Deaths and Marriages Level 10, Westralia Square 141 St Georges Terrace Phone: Fax: Web: Registry business hours: 8:30am - 4:30pm Monday to Friday Postal address: PO Box 7720 Cloisters Square PERTH WA 6850 Regional offices can be contacted at the following courthouses: Albany ** 184 Stirling Terrace ALBANY WA 6330 Phone: Fax: Armadale ** 109 Jull Street ARMADALE WA 6112 Phone: Fax: Broome Hamersley Street BROOME WA 6725 Phone: Fax: Bunbury ** 3 Stephen Street BUNBURY WA 6230 Phone: Fax: Busselton 12 Stanley Street BUSSELTON WA 6280 Phone: Fax: Carnarvon Cnr Babbage Island Road and Robinson Street CARNARVON WA 6701 Phone: Fax: Christmas Island Administration Offices CHRISTMAS ISLAND WA 6798 Phone: Fax: Collie Wittenoom Street COLLIE WA 6225 Phone: Fax: Derby Loch Street DERBY WA 6728 Phone: Fax: Esperance 100 Dempster Street ESPERANCE WA 6450 Phone: Fax: Fremantle ** 8 Holdsworth Street FREMANTLE WA 6160 Phone: Fax: Geraldton ** Marine Terrace GERALDTON WA 6530 Phone: Fax: Halls Creek Police Station Great Northern Highway HALLS CREEK WA 6770 Phone: Fax: Joondalup ** 21 Reid Promenade JOONDALUP WA 6027 Phone: Fax:

31 Kalgoorlie ** 208 Hannan Street KALGOORLIE WA 6430 Phone: Fax: Karratha Balmoral Road KARRATHA WA 6714 Phone: Fax: Katanning Clive Street KATANNING WA 6317 Phone: Fax: Kununurra 94 Coolibah Drive KUNUNURRA WA 6743 Phone: Fax: Leonora Rochester Street LEONORA WA 6438 Phone: Fax: Mandurah ** 333 Pinjarra Road MANDURAH WA 6210 Phone: Fax: Manjimup Mount Street MANJIMUP WA 6258 Phone: Fax: Merredin 20 Mitchell Street MERREDIN WA 6415 Phone: Fax: Midland ** 24 Spring Park Road MIDLAND WA 6058 Phone: Fax: Moora Dandaragan Street MOORA WA 6510 Phone: Fax: Mt Magnet Cnr Hepburn and Richardson Streets MT MAGNET WA 6638 Phone: Fax: Narrogin Fortune Street NARROGIN WA 6312 Phone: Fax: Northam 118 Wellington Street NORTHAM WA 6401 Phone: Fax: Rockingham ** 15 Whitfield Street ROCKINGHAM WA 6168 Phone: Fax: Roebourne Hampton Street ROEBOURNE WA 6718 Phone: Fax: South Hedland Hawke Place SOUTH HEDLAND WA 6722 Phone: Fax: ** Indicates online regional courthouses that can provide a WA full certificate of a birth, death or marriage (registered from 1841 onwards). *Correct at 25 November Other regional offices accept WA birth, death or marriage certificate applications and fax them to the Perth Registry Office for processing. 30

32 Court and Tribunal Services Court and Tribunal Services The Department, alongside the judiciary, administers 29 court locations across the State. It is also responsible for managing tribunals and boards, the Sheriff s Office, including the Fines Enforcement Registry, as well as providing services to victims of crime and children engaged in the justice system. The Court and Tribunal Services division provides: support services to the judiciary court buildings, accommodation, technology, security and staff support to all courts, tribunals and boards juror management and provision of sufficient jurors to the courts fines enforcement the appointment, registration and training of Justices of the Peace. Courts normally sit between 10am - 1pm and 2:15pm - 4:15pm weekdays. Hours may vary according to the requirements of the trial judge or magistrate. How courts work The Department aims to provide a court system that is responsive to community needs for access to justice. Attending court To ensure the smooth operation of a court, it is important everyone attending the court behaves appropriately and in keeping with court process. If you are appearing in court you should: remember to take any relevant documents about the case with you be on time if you are late, your case might be heard in your absence or a warrant might be issued for your arrest dress appropriately in clean, smart clothing turn off your mobile phone inside the courtroom stand when a judge or magistrate enters or leaves the courtroom. If you are a litigant or defendant you should stand when the magistrate or judge speaks to you and when you speak to them. If you think you will need an interpreter you should contact the court several days before your proceedings. As you enter or leave a courtroom, you should be quiet so you do not disrupt proceedings. It is customary to bow towards the bench. 31

33 Talking, smoking, eating and chewing gum are not permitted in court. When you address the judge or magistrate, refer to them as your honour. Address others such as lawyers, witnesses and court staff by their titles and surnames (eg Mr Smith). The judge or magistrate cannot speak to you about your case except when it is being heard and when the other party is present. Taking photographs or video recording the proceedings is not allowed. Court staff will help you in any way they can, but they cannot give you legal advice. For legal advice you should contact a lawyer or Legal Aid. Criminal and civil court case procedures There are several ways criminal offences and civil disputes come before the court. Criminal matters In the case of a criminal offence, the alleged offender is arrested and taken to a police station where the charge is explained and a formal written charge is made. The alternative is that the accused is summonsed by police to attend court to answer the charge or charges. Usually, the arrested person is released on bail, which is an undertaking/ agreement to attend court on a certain day at a given time. For the most serious offences, the arrested person may be kept in custody. For less serious offences, rather than arrest, the charging officer can exercise discretion and commence the action by prosecution notice accompanied with either a court hearing notice or summons. The alleged offender receives a document requiring his or her attendance at court, which also provides information as to the alleged offence. A date is set for the court attendance and the accused person will be requested to plead guilty or not guilty. If a person needs legal help before being able to plead, the case is adjourned to a later date. If the accused pleads guilty, the magistrate will deal with the matter. If the plea is not guilty, a trial date is set and trial preparations begin. Civil and administrative matters In civil and administrative cases, courts and tribunals can make decisions on a range of disputes, or review decisions made by another person or organisation. Civil For civil matters, a person may seek advice from a solicitor about a legal problem or complaint. The solicitor may send a letter on behalf of the complainant to the third party, demanding certain actions. If this does not produce a satisfactory response, an official notice (commonly known as a writ of summons in the Supreme and District courts and a claim in the Magistrates Court) is sent requiring the third party to answer the claims made against them. 32