Many people contact our Centre in relation to domestic violence matters. We are contacted by both survivors of domestic and family violence and by accused perpetrators. It is often the first time that our clients have been in contact with the criminal justice system. It is common for both the victim and the accused to be traumatised by both the initial incident, and their involvement with the police and the court system.
Generally, a person involved in the domestic violence incident, a witness or a neighbour, will call the police for assistance. When the police attend a domestic violence incident, the police routinely interview the people involved on camera, and attempt to obtain written statements. Police are required under law to charge a person with a criminal offence, such as assault or intimidation where it appears that such an offence has occurred.
Apprehended Violence Orders (AVOs)
Police are also required to apply for a provisional AVO where they suspect that a domestic violence offence has been committed. In some cases, the police may apply for a provisional AVO even where they do not charge a person with a criminal offence.
It is not uncommon for victims to have only wanted the police to caution the other party involved. However, police are required to lay charges and apply for an AVO where a domestic violence incident has occurred. The matter is therefore taken out of the hands of the victim. Even where the victim contacts police and advises that they do not want the AVO to proceed, it remains a decision for the police to make.
Often people regret having called the police because they think police action in applying for an AVO and/or laying charges was too extreme. However, as stated earlier, the law requires that the police take such action.
Police decide what conditions are listed on a provisional AVO. At court, police also advise the Magistrate what conditions they want on an AVO. Conditions may include restrictions on where a person can reside, places they can visit, and whether the defendant can contact the person in need of protection. These conditions may mean, for example, that the defendant has to leave their place of residence and reside elsewhere.
Domestic violence is a serious crime
The message from the courts is clear – domestic violence offences will not be tolerated in any form. Domestic violence is a serious crime. The police and courts treat it with an appropriate level of seriousness. A person has a right to feel safe in their home, and with the people that they are in a domestic relationship with. Any minor assaults will result in criminal charges and an AVO.
Marrickville Legal Centre assists many people who are traumatised by domestic violence incidents. The only way to avoid involvement with the police and the court system in relation to domestic violence incidents is for people not to commit them. If they do, they will be dealt with severely.
People who receive legal assistance are more likely to appreciate the seriousness of the matter. They are more willing to address the cause of the offending by engaging with counselling, anger management and drug/alcohol rehabilitation. Therefore, these people are far less likely to commit further offences.
Case study
Sarah contacted the Centre after her husband had been charged with assault and the police had taken out a provisional AVO on him. Police were contacted by Sarah after she had a heated argument with her husband who had pushed her. Sarah only wanted the police to warn her husband. However, police could not ignore the fact that a push constituted an assault. Sarah’s husband was therefore charged with common assault. The maximum penalty for common assault is two years imprisonment and a $5500 fine (if the assault is domestic violence related). Police also applied for a provisional AVO.
Sarah contacted the Centre saying that she didn’t want the AVO anymore, and that she didn’t want her husband charged with assault. Sarah was advised that the decision to withdraw the AVO or the assault charge was out of her hands – it was now a decision for the police to make. Sarah’s husband pled guilty to the assault charge, for which he was convicted. As required by law, the court ordered a final AVO, for a 2 year period.
If you are experiencing domestic or family violence, contact Marrickville Legal Centre. If you are in immediate danger, please call ‘000’.
The Inner West Tenants’ Advice and Advocacy Service has seen a rise in the types of agreements that put residents in the territory between tenants and boarders.
The rise of sharehousing websites and sharing tenancies on social media has seen a spike in the number of ‘blended’ agreements.
Many of these agreements list a ‘sharehouse provider’ or ‘group living organiser’ as the landlord. They often have unusual clauses in the contract that borrow from the traditional lease and an occupancy agreement (seen in boarding house agreements).
These agreements are tricky, because it isn’t immediately obvious as to what the agreement actually is. The person who signed the lease may think that they are a tenant, but that isn’t always the case.
What is a tenant?
A tenant is someone who is covered by the Residential Tenancies Act 2010 NSW. These agreements are usually between you and the owner of the property. Not everyone falls under the category of a tenant.
If you do not have a written agreement, are in a sharehouse or are paying your rent to someone who does not own the property (a head tenant), you may not necessarily be a tenant. Please contact us for some advice on your tenancy status.
What is a lodger?
A lodger is someone who does not have a written (or other) tenancy agreement. Lodgers have very limited legal rights in tenancy law. The NSW Civil and Administrative Tribunal does not have the power to deal with disputes if you are a lodger.
For example, if you have come into a sharehouse and do not have a written agreement with your head tenant, you may be a lodger.
What is a boarder and what is a boarding house?
A boarder is covered by the Boarding Houses Act 2012 NSW. A boarding house provides residents with a place to live. There must be 5 or more beds in the property, excluding the owner or property manager. Boarders usually sign an ‘occupancy agreement’ which outlines how much money you will pay, how often and identifies which particular room will be yours. These agreements are usually between you and the manager.
The blended agreements: what to look out for?
This is not an exhaustive list
Agreements that refer to you as an ‘occupant’;
Agreements that are between you and a ‘sharehousing’ or ‘share accommodation’ provider;
An agreement that requires a ‘security deposit’ instead of a bond;
An agreement that includes all amenities (like cleaning, water, internet etc) in the rent;
An agreement that is called a ‘licence to occupy’ or an ‘occupancy agreement’;
Any agreement that has house rules listed; or
An agreement that identifies your specific room with an ID or specific name.
If you don’t have a written agreement, your agreement is one that isn’t from the Office of Fair Trading, or you want further information on the different types of housing arrangements, reach out to Marrickville Legal Centre for tenancy advice.
This page is not legal advice. The legal information contained on this page is current as at 21 April 2021.
Marrickville Legal Centre employment solicitors answer your questions about your employment and the COVID-19 vaccine.
⚠️Some of the information in this factsheet is out of date. For more legal information, browse our factsheet library. Remember, legal information is not a substitute for legal advice. If you need legal help, please contact us online or call 02 9559 2899.
Can employers require that I get vaccinated?
At the time of writing, no overarching laws in Australia allow employers to mandate vaccinations and all vaccinations are undertaken on a voluntary basis.
Despite this, for most organisations, a state or territory public health law could require employees to be vaccinated. If no such law exists, an enterprise agreement, employment contract or agreement could dictate whether an employer can lawfully require vaccinations.
If no guidance is provided in these avenues, whether it is reasonable for employers to require vaccinations is likely to be assessed on a case-by-case basis including considerations of the industry of employment (e.g is the employee working in health-care or providing aged-care services), the nature of the work and whether the worker deals directly with clients and customers, whether alternate work arrangements are possible and the current local health advice.
If the employee has legitimate reasons for forging the vaccination, anti-discrimination laws may be available.
Can employers require evidence of vaccinations from me?
Under the Privacy Act 1988 (Cth), employees are required to provide information directly related to the employment relationship which will form part of their “employee records” and is an exemption to employers’ privacy obligations and principles. This only applies to existing employees and no prospective employees only to the extent it is directly related to the employment relationship.
Are vaccination requirements discriminatory?
The Fair Work Act 2009 (Cth) and both state and federal anti-discrimination legislation outlaws discrimination on the basis of a persons’ race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction, social origin or other protected attribute.
Can I get dismissed for refusing to get vaccinated?
Where the employee breaches their employment contract or agreement, they may be lawfully dismissed by their employer, including in instances where a contractual term delineates the requirement to get vaccinated.
Where this does not exist, termination of employment based on the refusal to get vaccinated may constitute unfair dismissal although the employer may have a strong argument in the contrary based on the industry of employment (e.g is the employee working in health-care or providing aged-care services), the nature of the work and whether the worker deals directly with clients and customers, whether alternate work arrangements are possible and the current local health advice.
Has your employer required that you get vaccinated before returning to work? Employment solicitors at Marrickville Legal Centre can help you identify your rights around vaccinations.
This page is not legal advice. The legal information contained on this page is current as at 8 April 2021.
Marrickville Legal Centre’s (MLC) employment law team, in partnership with Sparke Helmore Lawyers, has stepped up to the mark to assist a new wave of vulnerable workers that emerged during the pandemic.
The COVID-19 pandemic resulted in over 1 million Australians being laid off or stood down, creating an unprecedented increase in demand for employment law services from individuals who form the ‘missing middle’. Many of these individuals lost their income, rendering them vulnerable and financially disadvantaged. The missing middle has long been locked out of legal assistance and describes the large group of people who earn over the eligibility threshold for government or community legal services but remain unable to afford private legal assistance. Generally, the missing middle is turned away from free legal services and ongoing representation, even in circumstances where they are fired or are concerned about their employment.
MLC’s innovative project – the Low Bono Legal Service (Low Bono) is designed to give people options and improve access to justice. Low Bono provides affordable, fixed-fee representation to clients who are experiencing financial distress but would not otherwise get access to free legal support through Legal Aid or community legal centres. In the first 12 months since its launch, Low Bono has recovered $551,456.99 for its clients. Low Bono is led by Lucy Carroll (pictured above) alongside employment solicitors Genevieve Barry and Brigid McManus with a generous rotation of secondee employment lawyers and graduates from Sparke Helmore Lawyers.
Ms Carroll, who was last year recruited to help MLC meet the increased demand, says:
“Initially we expected this [COVID-19] to be a short-term increase in demand, however the increase has become the ‘new normal’ and effectiveness of Low Bono demonstrates that there are many individuals in our community that were locked out of accessing justice before COVID-19 created problems for employees.”
The project would not be possible without the incredible support of Sparke Helmore Lawyers. Associate Jessica Phillips, who has been seconded to Low Bono since January, works closely with MLC and Sparke Helmore’s team of Workplace lawyers and law graduates. Ms Phillips sees the benefit of the project first-hand.
“Workplace disputes can be very stressful for individuals who may not understand their workplace rights or even know how to find information about them,” says Ms Phillips. “My involvement in the Low Bono Legal Service has allowed me to assist people to understand their rights under the law nd navigate the legal system, which can be overwhelming at times.”
Clients can approach Low Bono for legal advice on matters including unfair dismissal, underpayment claims and general protections (involving dismissal) applications, complaints to the Australian Human Rights Commission, ‘Stop bully’ applications and negotiating an exit strategy.
The affordable, fixed-fee service has been invaluable for clients like Daria, who lost her job during the pandemic.
Daria* had been employed by a not-for-profit organisation as a Venue Manager in 2020. Daria* had made some enquiries about her contract and requested an explanation of how the hourly rate was calculated. Shortly after, Daria* was dismissed for poor performance and not meeting probation.
When Daria* contacted MLC, she learned that she may have a general protections claim involving dismissal. Daria* did not want to represent herself and did not fit any of MLC’s priority group criteria’s so she was referred to Low Bono.
Through Low Bono, MLC was able to represent Daria* in a general protections application and successfully obtain compensation in excess of $9000 for the economic loss and stress, hurt and humiliation suffered as a result of her dismissal.
Since the launch of Low Bono, Sparke Helmore Lawyers has provided up to 30 hours of support each week through lawyer secondments, in addition to a six-month full-time secondee who helped establish the service.
Since the end of JobKeeper this week on 28 March, Low Bono has been preparing for another surge in demand from the thousands of NSW residents projected to lose work.
“Challenging times require innovative solutions,” says MLC’s Managing Principal Solicitor, Vasili Maroulis. “MLC is proud of this exciting project, which has allowed us to help more people, with all funds generated going back into providing more services for our community. People need to have access to quality legal advice and representation, especially when they’ve lost their job and are at their most vulnerable.”
Given the success of the pilot in employment law, MLC hopes to expand Low Bono to help family law clients who are unable to secure the assistance of Legal Aid or other community legal centres and cannot afford private fees.
*Name has been changed to protect the privacy of the individual.
Marrickville Legal Centre is pleased to establish the Savvy Finance E-Kit with thanks to Sydney Community Foundation The Savvy Finance E-Kit will develop and deliver e-learning modules that aim to reduce the risk of financial abuse for vulnerable women who live in the Greater Sydney region. Savvy Finance is calling for contribution from community workers for a focus group on 20 April 2021.
What is Savvy Finance?
Our vision for the Savvy Finance E-Kit is to develop and deploy two e-learning streams. The first e-learning stream will be provided to women who are vulnerable to, or have experienced, financial abuse. Our second e-learning stream is targeted at the community professionals who work with these women. The E–Kit will be developed in consultation with culturally and linguistically diverse womenand women who have experienced domestic and family violence, across all ages.
Savvy Finance outcomes
The Savvy Finance E-kit endeavours to empower women in the Greater Sydney region to make informed, independent financial decisions about their own lives, and to upskill community professionals to confidently identify and assist women who are at risk of financial abuse.
Consultations
The E-Kit is needed by our community now more than ever and, as the response to financial abuse varies from person to person, it is crucial that we approach its development holistically. The objective of these consultations is to understand how e-learning can help, support, and empower women who are:
experiencing, or vulnerable to, financial abuse.
within Vietnamese, Chinese or Middle Eastern communities.
engaged with community organizations.
How you can help
Insights gained through consultation will inform the balanced and effective deployment of the Savvy Finance E-Kit. As a professional working in the community, we invite you to contribute your perspective during this consultation process.Together, we can develop a considered and evidence-based E–Kit that achieves positive long-term outcomes for all recipients.
Next steps
We are hosting a focus group with community professionals working across Sydney on Tuesday 20 April 2021.Please express your interestby completing this form and we will contact you at the scheduled time, venue and/or platform on 9 April 2021.
With International Women’s Day (IWD) approaching on 8 March 2021, experiences of sexual assault and rape are receiving increased media attention. While IWD is an opportunity to celebrate the achievements of women globally, this year’s theme encourages us to #ChooseToChallenge the gender biases and inequalities women still face today. I also want to acknowledge those people who have been killed or harmed as a result of Sexual, Domestic and Family Violence (SDFV).
Responding to SDFV in a socio-legal setting
At Marrickville Legal Centre (MLC), victim-survivors of SDFV are informed of the social and legal systems that impact their lives, as well as the different avenues available to them. Clients are at the core of MLC’s work and, as the Domestic and Family Violence (DFV) Worker, I am pleased to work alongside people who equally value the importance of social justice.
COVID-19 raised concerns on how this crisis disproportionately impacted the most vulnerable people in our community, including women experiencing SDFV. As a frontline essential service, MLC promptly transitioned to remote service delivery so our clients, volunteers and staff were safe and supported. When restrictions on movement were introduced, we broadcasted critical messages to our community, including that it was a reasonable excuse for SDFV victim-survivors to attend our Domestic Violence Support Service (DVSS) if they felt unsafe at home.
MLC COVID-19 domestic violence legal tip, 2020
One of the recurring questions I have been asked over the last 12 months has been: “Have you noticed an increase in SDFV at your service?” Anecdotally amongst professionals, no experience was alike and, as a newcomer to the industry, I had minimal work experience to compare this to. Statistically, the Australian Institute of Criminology determined that the economic impacts, social distancing restrictions and increased isolation at home associated with COVID-19 contributed to an increase of SDFV. However, it is important to note that connecting the consequences of COVID-19 to the prevalence of SDFV overlooks the ongoing gendered issues concerning this crime. Whilst awareness of SDFV has increased – SDFV has always and will continue to occur beyond this pandemic.
Some women feel they have not encountered discrimination or harassment, or faced systemic barriers to their success, but that’s not the experience of all women. IWD is an opportunity to acknowledge the compounded challenges faced by women […] and stand in partnership with them […] On International Women’s Day we remember that as long as one woman faces discrimination, harassment, inequality or oppression, we all do.
MLC strives for positive and lasting change in our community. We aim to resolve any immediate legal issues our clients face and ensure they are supported with the resources and services they need to improve their lives.
Hillary’s story
Hillary is a 34-year-old mother to a 3-year-old girl. Hillary was physically and sexually assaulted by her ex-husband. He was found not guilty by the court for these criminal charges. Hillary approached our Centre last year as her Apprehended Domestic Violence Order (ADVO) was due to expire and she wanted advice around family law.
Hilary was connected to the Domestic Violence Support Service and Family Law Service, who helped Hillary to engage with Legal Aid NSW for family law representation.
The next important step was to extend Hillary’s ADVO, and Domestic Violence Safety Assessment to make sure concerns for her child were reported to Department of Communities and Justice.
Hillary was assisted to understand and prepare to navigate the court process. Following Hillary’s mention date, she was granted a 5-year extension of her ADVO.
Finally, Hillary received help submitting a successful Victims Services application for counselling, financial assistance and a recognition payment of $10,000. Hillary is now attending English classes at her local TAFE and is relieved to have safeguards in place to live free from violence.
Through their triumphs and challenges, my hope for SDFV victim-survivors like Hillary is to see lasting change. I recognise the strengths and improvements needed in our systems. With ongoing victim-survivor consultation, expertise from all disciplines, and resolutions sought within and beyond legislation – we will get closer. The momentum against SDFV must continue beyond IWD and post-pandemic until it ends.
Do you need sexual, domestic, or family violence support? We can help.
Loren Katafono is a DFV Worker at Marrickville Legal Centre’s Domestic Violence Support Service. As a social work graduate, Loren says she feels privileged to establish her career in the socio-legal sector. The Domestic Violence Support Service works closely with MLC’s legal and tenancy teams, as well as local agencies to support clients who have experienced sexual, domestic and family violence (SDFV).
