PCLS E-Bulletin Issue August/September 2012 6/7 Inside this issue: Have you done your tax? Housing Discrimination PCLS OFFICES Karratha 91 85 5899 2 2 Family Fun Day 2 Marriage, Families and Separation 3 Drafting your Will 4 3 Strikes You re out! 5 Congratulations Tim! 6 What s making news at PCLS? Welcome to our September newsletter. Apologies for missing our August newsletter what a busy month! We have extra information added to this newsletter! Don t forget to check out our website www.pcls.net.au for more information about our services. You can also view our past newsletters, annual reports and upcoming events. See www.pcls.net.au for further information. We welcome some new team members this month. We have a new member starting next week in our South Hedland office, Leah Billeam our new Solicitor. This is a fantastic development We have three new team members in our Karratha office: Angie Dungey our new Aboriginal Tenancy Advocacy Support Worker ; Kim Bowen, our new Homelessness Accommodation Support Worker; Katy Woods, our new Regional Tenancy Advocacy and Education Service West Pilbara; We have also had a change! Tanita Macdonald is now our South Hedland Supported Housing Assistance Worker having moved from the position of Indigenous Tenancy Advocacy Support Worker. We also thank Alexandra McCaughan and Bradley Mitchell for their contributions volunteering within our service. Alexandra enjoyed her time with us and requested she stay on as paralegal for an extra month which was a bonus for PCLS. Our service provides: Legal advice,, Financial Counselling, Tenancy, Supported Housing, Homelessness Assistance, Domestic Violence Support, One Life Suicide Prevention Strategy. Please remember all our services are FREE OF CHARGE but are targeted at low-income and disadvantaged clients. South Hedland 91 40 1613 TENANTS!- Information Day for you! Katy Woods Newman 91 75 9930 Roebourne 91 82 1169 Do you have questions about your rights and responsibilities? Are you a Department of Housing tenant who has received a 'strike'? Would you like a FREE MORNING TEA? Then come along to our TENANT INFORMATION DAY Come and meet our Tenancy Workers to find out how tenancy law is changing and how it affects you. Where: Conference Room, Lotteries House, 7 Morse Court Karratha When: Thursday 27th September 2012 Time: 9am-12pm Cost: FREE
Page 2 PCLS E-Bulletin Need help with your tax? Are your tax affairs simple? Do you earn around $50,000 or less? You could be eligible! We have a Tax Volunteer Helper located at our Karratha office who can provide this service from 1 July 2012 to 31 October 2012. book an appointment or for further information. Tax help is a network of volunteers who provide a free and confidential service to help people do their tax during tax time. Volunteers are fully trained, accredited and supported by the Australia Taxation Office (ATO). Tax Help is for people on low incomes, including: seniors, students, people from non-english speaking backgrounds, people with a disability, Aboriginal and Torres Strait Islanders. Please contact us on 91 85 5899 to Housing Discrimination Discrimination in private and public housing tenancy case Hosted for Service Providers only. The Equal Opportunity Commission and Pilbara Community Legal Service Invites you to a one day workshop on Housing Discrimination This one day course will provide participants with skills for assisting private and public housing tenants make complaints about unlawful discrimination. Course Content Overview of the relevant legislations in WA How to identify direct and indirect discrimination Where to make a complaint How to put together a strong case Understanding the EOC s powers and role Process of conciliation How matters are resolved in the State Administrative Tribunal (SAT) Dates Tuesday 30 October 2012 in Karratha Wednesday 1 November 2012 in South Hedland Location: Lotteries House Time: 8.30am-3.30pm Please RSVP to Katy Woods Phone: 9185 5899 Email: taesk@pcls.net.au Family Fun Day The Department for Child Protection (DCP) Karratha held a free community event at the youth shed on Wednesday 5 th of September to celebrate National Child Protection Week. The theme was Play your Part and the focus was spreading the message that we all have a valuable role to play in working together to ensure the safety and well being of children in our community. PCLS plays a significant role in the well being of families and young people in the community. We handed out information bags with a brochure on our services, a pen and slinkys which were a favourite! We d like to thank DCP for inviting us to be a part of this day.
Page 3 Holidays are near! Does your child need a passport? Before a passport may be issued to a child, the written consent of all people with parental responsibility for the child is needed (both parents must agree to and sign the application form for a passport) as stated in Australian Passports Act 2005. However if the consent of anyone with parental responsibility for the child cannot be obtained after all avenues have been exhausted, and there is no court order permitting the child to travel internationally, a written request for 'special circumstances' under section 11(2) of the Australian Passports Act 2005 may be made. The passport application must be accompanied by: A statement made on Form B8 (if mother s name only on birth certificate) or B9 (if both parents names on birth certificate) in which you state why the necessary consent has not and cannot be obtained, and explain the special circumstances relevant to the application; and The child's full birth certificate; and The originals of all court orders affecting parental responsibility for the child. To print out the forms or more information visit www.passports.gov.au Marriage, Families and Separation Separation can be an upsetting experience. It is important to have support to help you through this difficult time and we may be able to help. When you and your former partner separate there are important decisions to be made about future care of your children and how to divide your property. Pilbara Community Legal Service offers a range of services which can assist you during this time. If you are considering separation or have separated you should seek legal advice. A lawyer can help you understand your legal rights and responsibilities. You may be able to reach an agreement without going to Court but it is important that such agreement is correctly documented to ensure it is binding and enforceable. If you cannot reach an agreement you may need to consider applying to the Family Court of Western Australia for orders. Please contact our offices should you require assistance with your family law matters. Pay you bills via Centrepay If you receive a Centrelink payment you may be able to pay your bills directly out of your Centrelink payments. There are many organisations that offer Centrepay as a bill-payment option for costs, including: private rent (including community housing); Telecommunications, electricity, gas, and water; education fees and expenses; Ambulance; Child care fees; Home care services; Rental of household goods; Medical services and equipment. This is a simple, easy and no cost to you service. For more information see our Financial Counsellor or Centrelink today.
Page 4 Stolen Wages (ALS Flyer) The Stolen Wages Reparation Scheme applies to Aboriginal people who satisfy the following elements: You must be born before 1958 You must be Aboriginal or Torres Strait Islander From the age of 14 years or older, you were resident at a Government Native Welfare Settlement in Western Australia While resident at one or more of the Government Native Welfare Settlement in Western Australia, experienced direct Government control over your income and all or part of your income was withheld from them You were never repaid the outstanding owed by the Government. If this is you you have until the 30th November 2012 to apply now. Aboriginal Legal Service and Pilbara Community Legal Service can help you with this. Aboriginal Legal Service of WA Info Line Freecall 1800 019 900 or email stolenwages@als.org.au Pilbara Community Legal Service may also be able to assist you. Please call us today on 9185 5899 for further information. Seek advice Draft your Will For a Will to be valid it must comply with certain formal requirements and therefore it is always best to have your Will drafted by a legally trained professional. A Will is a legal document which sets out your wishes about the distribution of your land, personal property and other assets after death. These things are called your estate. If a person wishes their property to be disposed of in a particular way then there is no other way to ensure this than by making a Will. The amount of property and the order in which the next of kin takes the property under intestacy (dying without a Will) rules may be directly against the wishes of the deceased. To avoid this, a Will must be made. Our Solicitors at the Pilbara Community Legal Service may be able to draft your Will, however an appointment would be required with our Solicitor to discuss your individual needs and if we are unable to assist you we will provide an appropriate referral. Please contact our offices should you require assistance with your family law matters. Stop the Violence! Vikki Hammon Family and domestic violence includes emotional, physical, sexual and psychological abuse. If your partner, ex-partner or a family member hurts, threatens or humiliates you, it is family and domestic violence. These acts include assaults, injuries, threats, stalking, damaging property, hurting animals or pets, and acting in an ongoing intimidating, offensive or emotionally abusive manner. BUT YOU RE NOT ALONE! If you, or anyone that you know, are facing difficulties in your relationship or would like to talk with someone please call us on 91 44 1611 or 91 40 1613 and we can help!
Page 5 PCLS E-Bulletin 3 strikes and you re out! Katy Woods Department of Housing Tenants! Be aware of disruptive behaviour Tenants engaging in disruptive behaviour are in breach of their tenancy agreement and will be issued with a strike. If you are issued with 2 or 3 strikes for disruptive behaviour within 12 months, the Department of Housing (The Department) will consider proceeding to eviction. IF ONE STRIKE IS FOR DANGEROUS BEHAVIOUR THEN THE DEPARTMENT CAN PRO- CEED TO EVICT YOU IMMEDI- ATELY! Strikes happen when a neighbour or the police report an incident of disruptive or dangerous behaviour to the Department. The Department may not approve rehousing a tenant who has a history of disruptive behaviour. This is a new law that affects all Department of Housing tenants in Western Australia. What is disruptive behaviour? Dangerous behaviour Violence towards neighbours Deliberate damage to someone s property Arson Serious disruptive behaviour Violence towards people at your house Threats and abusive language Drunken behaviour Car burnouts and hooning Minor disruptive behaviour Loud music and parties Nuisance and noise from children What are the consequences? Dangerous behaviour = 1 strike Only Department will immediately start eviction proceedings Serious disruptive behaviour = 2 Strikes Department will start eviction proceedings if the 2 nd strike is within 12 months of the 1 st strike Minor disruptive behaviour = 3 Strikes Department will start eviction proceedings if 3 strikes happen within 12 months What can you do? Notify neighbours if you are planning a party Notify police if people are at your house without your permission Turn the music DOWN, especially after 10pm Call Pilbara Community Legal Service if you have been issued with a strike and need advice: 08 9185 5899 Any issues with tenancy? Private or public? Caravan or House? Landlord problems? Dept. of housing problems? Want your bond back? Unsure of your rights? Pilbara Community Legal Service can help! Private: We can help with: Disputes with your landlord Terminating your lease (limited) Understanding legislation Public: Assistance with applications Maintenance issues Understanding DOH policies Assisting with disputed strikes Assistance in Court There are important changes to the Residential Tenancies Act that affect all Department of Housing Tenants. One report of dangerous behaviour is grounds for eviction! Pilbara Community Legal Service focuses on empowering the people of the Pilbara to manage their lives effectively. For information about upcoming education events please call Karratha office on 9185 5899. Come and see our new workers today: Angie Dungey Aboriginal Tenancy Support Worker Katy Woods Regional Tenancy and Education Service
WHO ARE WE? CONTACT US TODAY South Hedland PO Box 2506 9/2 Leake Street (Lotteries House) Phone: (08) 9140 1613 Fax: (08) 9172 2333 Karratha Unit 1: PO Box 132 Unit 1/7 Morse Court (Lotteries House) Phone: (08) 9185 5899 Fax: (08) 9185 6633 Karratha Unit 2: PO Box 132 Unit 2/7 Morse Court (Lotteries House) Phone: (08) 9144 1611 Fax: (08) 9183 8002 Roebourne PO Box 269 2 Padbury Street Phone: (08) 9182 1169 Fax: (08) 9182 1180 Newman PO Box 1 4/46 Iron Ore Parade (Newman House) Phone: (08) 9175 9932 Fax: (08) 9175 5298 The Pilbara Community Legal Service Inc. has four offices located in the Pilbara region these include: South Hedland, Karratha, Roebourne and Newman. The range of services that the Pilbara Community Legal Service Inc. provides are: Legal Financial Counselling Tenancy Supported Housing Assistance Homelessness Assistance Domestic Violence Support One Life Suicide Prevention Strategy Congratulations Tim! (Timothy Lau) You may recall that Timothy Lau volunteered with us as a Paralegal earlier this year. Tim has recently been offered a position as an Associate to High Court Judge, her Honour Justice Susan Kiefel QC AC. The role of an Associate primarily involves assisting the judge in the administration of justice. The position involves a great deal of legal research, proofing and editing of draft judgments and assisting in the chamber's administration. The position of 'Associate' offers law graduates the opportunity to observe and assist with the judicial process. It is also an opportunity to observe top counsel at work and learn from their advocacy and persuasion skills. The matters before the High Court are often highly significant. Recent high profile cases involved the plain packaging tobacco laws, the school chaplaincy programme and the 'Malaysian Solution' for asylum seekers. Associates work in a relationship of trust with their Judge and other members of the Court. Each High Court Judge has two Associates and chambers in both Canberra and their home city. There is a lot of travel for High Court Associates, who usually spend one half of the year based in their home city and the other half in Canberra. The Associates work with the Judge in Canberra when the Court is sitting there (usually two weeks out of every month) and in other capital cities when the Court is on circuit. Congratulations Tim on your appointment and best of luck for the future!