Promising Practice Programs

Joint Springvale Monash Community Legal Service/South Eastern Centre Against Sexual Assault Clinic

Agency South Eastern Centre Against Sexual Assault (SECASA)
PO Box 72
East Bentleigh, Victoria, 3165
Website http://www.secasa.com.au
Contact Carolyn Worth, Coordinator
Ph: (03) 9928 8741
Fax: (03) 9928 8749
Start date October 1995
End date Ongoing
Program type Advocacy program
Service provider training
Training for community groups
Therapeutic responses to victim/survivors
Geographical area Local community
Target group Adult survivors
Children
Criminal justice agencies
Description This is a Joint Legal Clinic which is a joint initiative of Springvale Monash Legal Service and SECASA. The clinic was the first of its kind in Australia and represented an extension of the general clinical legal education program that had operated successfully for some thirty years at Springvale in conjunction with Monash University Law School.
The Clinic provides appointments every Monday evening 6.00 - 9.00 p.m. If clients are unable to attend at Springvale, appointments can be made at SECASA locations or a client's house in special circumstances. The clients counsellor attends the first session if the client wishes.
The Clinic is overseen by a Steering Committee which has representatives from SECASA, Springvale Monash Legal Centre and Monash University.
The Clinic recruits selected final year law students who have undertaken Professional Practice and have enrolled in the Advanced Professional Practice unit, which places students in the joint clinic. Each student deals with a very small number of files - 2/3 over six months. Supervision is provided by either a Springvale Monash Legal Service solicitor with experience in Crimes Compensation and other related jurisdictions or a volunteer lawyer.

Aims

1. To provide quality free legal services to survivors of sexual assault in familiar and comfortable surroundings.

2. To train law students in dealing with sexual assault matters.

3. To provide opportunities for regular interaction between student lawyers and SECASA staff for their mutual benefit.

4. To provide co-operative, client targeted delivery of legal services in sexual assault and clinical legal education, and

5. To train lawyers in dealing with traumatised people

Objectives

1. To enable victim/survivors who feel unable to approach a private legal firm to make an application for assistance or seek advice and/or representation in any of the matters with which the clinic deals

2. To increase the pool of lawyers in the general practice field whom have an understanding of the issues surrounding sexual assault

3. To increase the pool of lawyers in the general practice field whom have an understanding of trauma in general
Good practice examples
  • This program is an example of good practice in that it could be duplicated in any sexual assault centre that has a local University with a Faculty of Law. It could also be run utilising volunteer lawyers doing pro bono work. The key is the training of lawyers in interview techniques with traumatised people, working with a small number of files and without the need to make a profit.
  • The Joint Clinic contributes to improving systems responses to victim/survivors as those who might not have felt able to apply for criminal injuries assistance because of the need to attend a strange office, can be seen in the SECASA premises where they are being counselled. They also have time in which to tell their story and be involved in the preparation of an application.
  • This system also demonstrates a sensitivity to the barriers faced by victim/survivors in disclosing to new professionals their sexual assault experience.
  • Takes account of contemporary research and practice developments in the field of sexual assault.
  • Contributes to improving systems' responses to sexual assault, or is directed at preventing sexual assault.
  • Has a clearly defined conceptual framework.
  • Includes processes of accountability and evaluation.
  • Demonstrates a capacity for replication (i.e. other services/organisations could adapt/re-model the program for their use).
  • This is an innovative program that could be easily duplicated by any of the sexual assault centres in conjunction with their local community legal centre and a Law Faculty.
Based on existing program This program is aimed at providing legal information and representation for victim/survivors of sexual assault: adult and child, female and male. A number of such clinics have run successfully in the US, Canada and Europe but do not deal specifically with sexual assault issues.
This is the only Joint Legal Clinic of its kind in Australia. The original model came from Canada and the USA where there are a number of specialist legal training clinics. However, this model was used as a concrete example of a Community Legal Service acting in conjunction with a law school and a community organisation to service the community in a selfless manner. The Joint Clinic commenced as a twelve month project and was reviewed in September 1996. The review was concluded successfully and the Joint Clinic has operated continuously since that time having survived the amendments in the criminal injuries legislation with which it predominantly deals.
Philosophical framework The Joint Clinic is an integral part of providing final law students with experience and training in dealing with people who have been traumatised. It is also part of a commitment to community law and the recognition that often survivors and victims of trauma cannot be dealt with in a 'billable hours' framework as they require time to tell their story for the purpose of an affidavit or application to VOCAT. An additional positive result of this Clinic is that over the past 9 years the final year students have moved on into positions were they are able to influence policy and procedures for victims. Consequently an important part of the best-practice is to train lawyers in dealing with clients in an empathetic manner.
Publications Unpublished paper due to be presented at a legal conference in July in Melbourne.
Associate Professor Adrian Evans of Monash University Law Faculty has presented papers on specialist legal clinics but not specifically about the Joint Clinic.
Evaluation Program participants compared to members of a control group ("no treatment" group)
The evaluation was conducted internally by SECASA. It involved looking at the outcomes for VOCAT applications for private legal firms and the results from the Joint Legal Clinic.
- Last year the Joint Legal Clinic had a 100 percent success rate with all Victorian applications including substantial awards in the categories of Special Financial Assistance and Exceptional Circumstances. In addition, they had two cases in the NSW Victims Compensation Tribunal and received the maximum award of $40 000. There was also an appeal at the VCT which received $7500 in pain and suffering.
Funding SECASA
Springvale/Monash Community Legal Service
Monash University Faculty of Law

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