NACLC Resolutions 2004. Glenelg, SA.
Glenelg, South Australia
Conference resolutions 2004
National Network of Indigenous Women’s Legal Services
1. That NACLC consult with NNIWLS about an employment and recruitment policy that incorporates cultural competencies and protocols / Commenced discussions / NACLC GM2. That NACLC consult with NNIWLS about cultural competencies and protocols involving Indigenous issues in an ongoing capacity / Commenced discussions / NACLC GM
3. That NACLC in consultation with NNIWLS review and amend their constitution to include Indigenous representation on the Board of NACLC from NNIWLS / Constitution being amended / NACLC GM
4. That NACLC and NSW CCLCG support Hawkesbury Nepean Community Legal Centre in securing ongoing funding for their Aboriginal Legal Access Project along with new projects being developed / Included in submissions
5. Preamble
The Cultural heritage of Indigenous Australians must be protected.
The effect and trauma of the 1995 Kumarangk Royal Commission in relation to the Ngarrindjeri people, their family connections and the validity of their cultural heritage resonates throughout their community.
The Ngarrindjeri people of South Australia have been vindicated and the State and Federal Governments must acknowledge the validity of Ngarrindjeri cultural heritage. We call upon
(a) the State and Federal Governments to give a public apology to the Ngarrindjeri people and a special apology to the Ngarrindjeri Mi:Minis (Women)
(b) the South Australia Government to ensure the provision of culturally appropriate access to Kumarangk (Hindmarsh Island), as identified by the Ngarrindjeri people so that they can continue cultural practice on country
(c) the State and Federal Governments to compensate the Ngarrindjeri people for their pain, suffering and cultural degradation experienced as a result of the Royal Commission into the Hindmarsh Island Bridge, desecration of burial grounds, and the building of the bridge across sacred waters
Resolutions done in consultation with Ngarrindjeri Elders: Veronica Brodie, Tom Trevorrow and Major Sumner / Letter showing resolution passed at conference sent to Minister Vanstone.
Policy / Federal/State Govt, NACLC
Indigenous
6. We call on the Federal Government to acknowledge the success of the Kupa Prti Kungka Tjutn and Irati Wanti people in stopping the nucleardum and preserving this area of country for all Australians / National Office to send letter / Motion Mover. National Office
7. That the Government recognises the royal commission recommendation No.188 which recognises the importance of self determination for Indigenous people (NNIWLS) / Policy?
Letter to Vanstone / Federal/State Govt.
Indigenous
8. That NACLC write to the Federal Govt to recommend that ATSILS should continue to be funded to do Community Legal Education / New letter in response to tender / Federal/State Govt, NACLC
Environment
9. The EDO Network is focussed on achieving the removal of the litigation restriction on our Cth funds.
The EDO Network acknowledges the progress achieved in this area through the combined work of NACLC and individual EDO centres.
That this work continues until the ultimate aim of complete and permanent removal of the unjust litigation restriction on EDOs is achieved. / Continue to lobby / Federal/State Govt, NACLC, EDO Network
Tenancy
10. That NATO endorse and assist in any ways possible to achieve the recommendations from NATO’s “Leaking Roofs” document. In summary, they recommend the Cth Govt develop with the States & Territories a national framework for addressing housing needs over the next 10-20 years. Further that the Cth State & Territory Governments enact, through uniform residential tenancies legislation or otherwise, a national standard of best practice in the protection of the rights of tenants and other renters consistent with the right to housing. / Lobbying letters. / NATO, Tenants Network11. Recent amendments to the NSW Residential Tenancies Act create a system of arbitrary eviction of Public Tenants in breach of Australia’s International Human Rights obligations under ICESCR. This conference expresses its condemnation for the reversal of onus of proof and the breach of fundamental International obligations. NACLC to communicate this condemnation to the NSW Govt. / Letter. / NACLC
Tenants
12. The NACLC resolves that it is appropriate for South Australia to establish a program for information, advice, advocacy and education for residential tenants, to be delivered by independent, non-profit, community organisations and funded from consolidated revenue and/or interest earned on tenants bonds. / NATO to advance with SACLS / State Govt, Tenants
Community Legal Education
13. Develop recommendations and models from the policy papers already produced for production to all centres to promote knowledge of CLE models and best practice / Policy / CLE Network
State Rep
14. Re-examine the guidelines/protocols re CLC/LAC to incorporate concerns re joint projects e.g. copyright style and updating / Policy / CLE Network
15. That all State Rep be asked to advise re a State CLE contact / Advised and established / NACLC
State Rep
National Welfare Rights Network
16. The National Welfare Rights Network resolves to raise awareness and campaign for reforms to the social security legislation and Centrelink’s policies and procedures around marriage like relationships / Lobbying / Welfare Network
17. That there be an immediate amnesty on all Centrelink overpayments / Policy / Federal/State Govt. Welfare Rights
18. The National Welfare Rights Network resolves to raise awareness and campaign for reform to Centrelink’s debt recovery and debt raising policies and procedures / Campaign established / Welfare Network
Youth
19. The Youth Network is concerned about the inadequacy of the system of juvenile justice in the Northern Territory and the lack of recognition of the particular vulnerability of children. / Policy / Youth, NT Assoc
20. That the NACLC renews its support for the steering committee for the non-government report on the Convention on the Rights of the Child, and continues to fund teleconferences for the steering committee. / PLU allocation / NACLC
21. The Youth Network calls on the Federal, State and Territory Governments to provide recurrent funding for a youth specific community legal centre in all States and Territories and for the National Children’s and Youth Law Centre / Budget Submissions / Federal/State Govt
22. That the NACLC support the Youth Network in seeking recurrent funding for appropriate youth specific legal services and advocacy programs in all States and Territories, and for adequate funding of the National Children’s and Youth Law Centre / Pre-budget lobbying / NACLC
23. That the Youth Network complete it’s national comparisons across all States and Territories of the care and protection systems and juvenile justice and fine enforcement systems for use in the campaign work of the Network / Research / Youth Network
24. That the Youth Network supports the meaningful participation of children and young people in decisions affecting them and undertakes to engender such participation by young people in all aspects of our Centres’ service provision / Policy / Youth Network
25. That the Youth Network maintains its commitment to redressing the gross over-representation of Indigenous youth in detention and the juvenile justice system / Policy / Youth Network
26. The Youth Network adopts the following policy positions:
- To effect positive change in the juvenile justice system in the NT
- The need for a Federal Commissioner for children to oversee the implementation and monitoring of the convention on the rights of the child
- Rights of children and young people to use public space
- The need for safeguards in juvenile justice diversionary processes
- Opposition to mandatory sentencing in WA raising the age of childhood in criminal justice systems in Vic & Qld
- The need for National care and protection principles
- The rights of children in education and the need for fairer processes and better alternatives to suspension and expulsions
- Lowering the voting age
- Opposing the use of monetary fines against children and young people
- The need for 24 hour Youth Legal Advice Services in all States & Territories / Policy / Youth Network
Human Rights
27. That The Working Women’s Centres, Employment Law Centres and the National Women’s Legal Services Network, work together to secure pro bono legal research to identify and analyse all outcomes (including changes to policies and procedures) for women in all categories of HREOC matters, including awards and costs from:· HREOC
· Federal Magistracy
· Federal Court / Research
Seek Assistance to coordinate work / Women’s Network, Employment Law Centres & Working Women Centres
28. That NACLC facilitates CLCs contributions with other NGOs to the Shadow reports on ICCPR and ICESCR / NACLC Coordinating Shadow Reports / Human Rights Network
29. That NACLC supports the participation of CLCs in campaigns against counter terrorism laws, which erode civil liberties, such as media, education & lobbying campaigns. / Policy & Campaign work undertaken / NACLC, HR
30. The National Conference opposes the package of counter-terrorism laws introduced to date. The laws represent serious erosions of civil liberties and human rights, which operate in a racialised context to:
· Reverse basic criminal law standards and international conventions (such as the right to a lawyer, right to silence, right to fair trial, presumption of innocence, freedom from arbitrary detention, freedom of association)
· Criminalise culture, religions and social practices through association offences and,
· Silences communication about ASIO and police practices and abuses / Policy & Campaign work undertaken
Submissions & attendance at hearings / NACLC, HR
31. That the National Association endorse the Equal Opportunity/Human Rights complaints, which are being lodged in every state of Australia seeking a systemic review of women’s prisons. / Policy & Endorsed / NACLC
Human Rights
Disability Rights
32. That the NACLC is concerned at the increasing erosion of the aims and intent of the Disability Discrimination Act by the Australian Government through:· The introduction of amending legislation including:
- The Disability DAB which proposes to use beneficial legislation in a punitive manner in respect of illicit drug users; and
- The Civil Aviation (Relationship with anti-discrimination laws) Amendment Bill which proposes to circumvent the existing exemption process regarding potentially discriminatory civil aviation safety measures; and
· The passage of DDA disability standards that fail to deliver in providing minimum levels of access for people with disabilities including in the following areas:
o Transport
- Defining carers as paying passengers
- 20 year time frames for compliance
- Omission of safety restraint standards
o Access to premises
- Omission of residential premises
- An overemphasis on the costs of compliance rather than long-term benefit
o Education
- Reintroducing the standard without adequate community consultation / Policy / Federal/State Govt, NACLC, Disability Network
33. That the NACLC supports the establishment of a National Community Legal Centre with a brief to provide an education, advisory and policy/law reform role regarding the needs of people with complex communication needs in accessing the justice system / NACLC will support this but will not do it. / NACLC
34. That the NACLC is concerned that the justice system fails to make necessary accommodations that meet the needs of people with disabilities and calls on the Commonwealth Attorney-General to provide a reference to the Australian Law Reform Commission to inquire into the specific needs of people with disabilities when accessing the justice system / Policy. NACLC will support calls but not call itself. / NACLC State Rep Liaise
Women’s
35. Women’s Legal Service condemns the high rate of homicide of women and children in the domestic family violence context.
Recommendations:
· That the Federal and State Govt make this issue a priority across all sectors of government
· That the standing committee of AG’s accept submission from NNIWLS and WLS in relation to this issue
· That resources be immediately made available to provide appropriate legal services for Indigenous and non-Indigenous women in the following areas:
- To enable the provision of face-to-face legal advice, advocacy and representation for all women in RRR areas
- Greater access to culturally appropriate interpreting services in Indigenous and CALD languages
- That NACLC issue press releases regarding the above recommendations / Letter. / NACLC, Women’s Network
36. That the WLS (SA) Inc consult on a regular and ongoing basis with women in Northfield Women’s Prison / Policy / Women
37. That WLS investigate whether any reprisals occurred as a consequence of women prisoners speaking out and if they do/did to take action on this. / Followed-up / Women’s SA
Child Support
38. To seek external funding for joint meeting of CLC & Legal Aid child support workers to meet annually commencing May 2005. / Letter. / Child Support Network Michael Spivak
39. To write to Minister responsible and/or media release expressing child support network’s concerns about composition/direction of recently established Child Support Taskforce & Reference Group to examine child support in Australia. / Letter. / NACLC, Child Support Network
40. Creation of “sub-committees” within Child Support Network to examine and proceed with a number of administration and law reform activities identified as the network’s priorities 2004/05
e.g. enforcement of child support/creation of education and precedent resources/CS and Centrelink issues / Done / Child Support Network
41. Acceptance by Child Support Network of Statement or Policy and Law Reform Recommendations provided to NACLC 2004 / Done / Child Support Network
Sexuality and Gender Equity
42. This conference urges the Australian Government commit to:· Providing legislative protection against discrimination and vilification on the grounds of sexuality and gender identities
· Amending all Cth law to include recognition of all domestic relationships regardless of the sexuality or gender identity of those involved / Letter. / Federal Govt
SAGE
43. The Sexuality & Gender Equality Network commits to contributing to the content of the 2005 NACLC conference / Policy / SAGE Network
44. That this conference condemn, the major parties for deliberately instituting discriminatory laws by passing the Marriage Act Amendment Bill 2004 / Letter. / NACLC, Community Legal Centres, Network
Prisons
45. That the lawful sexual assault of prisoners in the form of strip searches be immediately stopped / Policy / WomenOlder People
46. NACLC is called on to:· Work towards fostering the establishment of an older person’s
· Network and ultimately a
· Legal service to
- Lobby around legal issues affecting older people and
- Investigate and review legal issues affecting older people / Included as priority in pre-budget submission / NACLC, Older People Network. Ros to check
Immigration
47. That NACLC lobby the Federal Attorney-General and the Minister for Immigration to amend the relevant migration legislation so that TPV holders may access in Australia the following basic human rights:a. Family re-unification in accordance with the 1951 refugee convention;
b. To travel out of Australia and to return; and
c. To receive for the Government benefits and settlement services that all other onshore refugees receive / Letter. / NACLC
Immigration Network
State Rep Liason
48. That NACLC lobby the Federal Attorney General and Minister for Immigration to amend the relevant Migration Legislation to ensure that no human being can ever be detained indefinitely in immigration and that no child be kept in immigration detention / Letter. / Federal Govt.
Immigration Network
49. That NACLC lobby the Federal Attorney General and Minister for Immigration to provide free immigration advice and application assistance to proposers and applicants lodging offshore refugee and special humanitarian program visa applications. / Letter. / Federal Govt.
Immigration Network
Employment
50. That an Employment Law Network be established / PLU FundingNetwork established / Employment Network
Administrators
51. Administrators Network resolves to continue to communicate as a network, via email & phone link, and to meet as a network at the next conference; also to encourage all centres to recognise the role of their administrators by ensuring they have equal access to attending national conference. / Policy / Administrators Network
Service Delivery
52. That funders recognise the high cost of service delivery by CLC workers to outlying towns and Aboriginal communities in RRR areas and should factor these additional but necessary expenses when funding RRR services. For example: cost of air charter to remote communities, cost of fuel, staff travel entitlements and accommodation. / Include in Pre Budget Submission / NACLC - lobby on behalf of Network,All funders
53. We call on the NACLC to pursue the replacement of law by telecommunications funding to affected CLC’s, which was withdrawn following the finalisation of the LBT trial, and request NACLC to lobby the Federal Government and Opposition Parties accordingly. / Budget Submission / Federal/State Govt, NACLC, RRR Network
54. We call on NACLC to lobby the Federal Government, Opposition Parties and the Victorian State Government to establish a CLC in the Loddon-Campaspe Region / Established! / NACLC, Vic Assoc.
Conference
55. That the next National Conference of Community Legal Centres in 2005 focus on the rights of children and young people in our community as the theme of the conference / Theme considered but rejected. Broader theme required. / Conference Committee56. That the 2005 NACLC Conference to be held in Canberra, in fact, be held in tropical North Queensland / 2007 Conference in QLD / Conference Committee
57. That the Annual Conference not be held in flash hotels. Let us get back to a venue which more appropriately reflects our community and which provides more informal space for getting together. / Venue Limited by accessibility and size of conference / Conference Committee
General