Tuesday, September 14, 2010

where to get free legal advice in Australia

Where can University student get the free legal advice that they need? This is a question that came to my mind while writing my first article for the university student magazine, “UNI”. The article I was writing for UNI is an article of my choice, in regards to some of the serious or overwhelming situations that university student might face, with resolutions to deal with it.

With that idea in mind, I started to think about what might be an overwhelming issue University student might face and then it occur to me, legal issue. I guess the general myth people hold about lawyers is that they are extremely expensive, basically unaffordable for a broke Uni student who live by themselves, but just like anybody else, a University might be a victim of a crime, get involve in dispute, have accident and may have debts and it let me onto my quest searching for answer to help University student to find the free legal advice they need.


To find the answer to this question, I managed to set up an interview with Lawyer Dr. Peter Cashman. Dr. Cashman is the founding Director of the Public interest Advocacy Centre, a former Governor of the Association of Trial Lawyers of America, former National President of the Australian Plaintiff Lawyer Association, founder of the firm Cashman & Partner that has now merged with the firm Maurice Blackburn to form the national legal practice Maurice Blackburn Cashman, former Commissioner with the Australian law Reform Commission and a former Associate Professor at the Sydney University Law School. (www.federationpress.com.au)

I managed to set up an Interview with Dr. Cashman, within his office.

Yang: Firstly, I would like to ask what are some of the best ways for university student and under privilege people to get the free legal and advice and support that they need?

Cashman: Well, it depends on the type of problem they want advice for. There are some various community legal centres throughout Sydney and some other regional areas that would provide free legal service, free legal advice and sometime would take on small cases. In certain type of specialist areas there are specific legal centres that deal with particular types of problems. For example, people with immigration or refugee status problems can go to the refugee advice service, people who have complaints about discriminations can go to one of the other legal centres that specialise in that type of problem, there is a homeless person legal centre that provides free legal advice to homeless people, there is a disability legal centre that provides advices and information for people with disabilities. So there are broad ranges of legal centres that are base in the community, where people can get free advice.

Also, the Legal Aid commission of NSW, which is a statuary authority set up by the government, but independent has office in Sydney and throughout NSW and they also provides free legal advice and service.

Also the law society provides a referral service to refer people with legal problems, to legal practitioners and also the bar association has a legal service that provide representation in some cases for people with problem that may need a barrister and there is the public interest advocacy centre, which is a specialist legal centre in the city, which would provide advice for people who have cases where there might be some broader public interest involve and also there is public interest law clearing house, which also provide advice and referral to private law firm that would take cases on a proponent bases. It use to be the case that at local courts at NSW, they would train the magistrates who would give advice in relation to the civil matters but I don’t know whether that service still exist and also most lawyers in private practice would usually see people and give free advice at the initial consultation, but it depends on the type of problem and the type of matter. If someone for example has suffered personal injury, then most law firms would provide free advice and also handle cases on the bases they only expected to be paid if the case is successful and results in compensation.

So there are wide range of organizations through both the private profession, through the bar, through community legal centres and the legal aids scheme that provide specific advice and assistance. I don’t know whether there is any specific organization within the University of Sydney that would assist people.

Yang: What are some of the most common legal issue University Student might face, during their studying years?

Cashman: I guess University students are like all people. They get involve in disputes, they may have debts, they may be involved in an accident, and they may be a victim of crime. I don’t know what the most common problems are that are experienced by legal centres. I am not aware of any research, which has address, that, although there is an organization in NSW call the law and justice foundation, which is currently doing research, on what types of legal problem people experience and it may will be that they have information on what sort of problem University students have. It use to be the case that the community legal centres kept a record of the types of advice they gave and also kept a lot of background information on the people who came to them and they might be able to identify whether students are amounts their client group and if so what sort of legal problem they have. But, I don’t know whether University student have any problems which are different from the community.

Yang: Can you tell me more information in regards to legal aid NSW?

Cashman: Well, it’s a scheme set up, administer by the legal aid commission, which is an independent commission. It provides representation, in across a broad range of matters. It provides free advice and representation in civil and criminal matters and family law and disputes. But these days, legal aid is very rarely available for civil alligations, because of cut backs in funding, but usually there is free advice and information. There are also other legal centres operated through the legal aid commission or funded by the legal aid commission that provides specific advice in certain types of matters. Maybe for tendance, for migrants, for people who are victims of discrimination or who have a visa application if they are refugees. It very much depends on the particular type of problem. The legal resources handbook, published by the Redfern legal centre, in Sydney, has a whole section in it, which has a list of all the organizations that provides legal aid and the legal aid commission also has a website. So if you do a google search on legal aid NSW. Then that will give you a list of organizations and provides you with background information, on what they each do.

Yang: Internation students in particular what is the most common form of legal problem they might meet?

Cashman: If they are international student they are only here for a limit period of time, they may have a problem if they want to stay in the country beyond their visa, particular if they stop studying, in which case they may not continue to be allegeable to remain in Australia, but I am not aware of what particular problem international student experienced. It may one of the counselling service, with the university would have a better idea, because although these organizations don’t necessary provide legal advice, they often help people, particularly foreign student, who have problems and those problems may have a whole range of different aspect to them, they may be financial, they may be to do with housing, they may be to do with studying or they may have a legal aspect to it.

Yang: Thank you very much, thankyou for your time.

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