Disaster Response Legal Service NSW - training package: Recent Episodes
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Legal Aid NSW Disaster Response training material for staff assisting disaster affected clients. Module 1. mandatory training Module 2. more help
After the flood events of 2021, there were lots of questions about housing law and in particular residents covered by the Residential Land lease communities act – more commonly known as caravan parks.
Residents either experienced damage to caravans or cabins that were:
- rented directly from the park, or
- owned by residents who were paying site fees to the park.
In some cases, entire parks were inundated.
The most common issues relating to caravan parks include:
- landlords and park owners continuing to charge rent or site fees where properties were uninhabitable,
- Who is responsible for clean-up, maintenance and repairs,
- Terminations of tenancy based on uninhabitability,
- Vans owned by low income clients without insurance being damaged beyond repair, and
- Getting access to the property to retrieve belongings.
Listen now to find out more about how we can help.
Referrals and more information
- To find out who is currently in the housing team and who you can contact to discuss a matter or talk about a referral please check the housing intranet homepage.
- DRLS | legal information - housing intranet page
- LANSW Residential parks factsheet for lawyers only
- Tenants' union website Home | Tenants' Union – type in your postcode at the bottom of the page to find your local tenancy service.
If there is a disaster or emergency, clients may have questions about their workplace rights.
This might be because an employee’s workplace has been damaged or had to close due to fire/flood damage or restricted access to the premises. Issues may also arise where an employee needs to take time off work.
Employees get different entitlements depending on their type of employment. When you see a disaster client with an employment related issue, it is important to find out:
- if they work full time or part time (on an ongoing basis or under a fixed-term contract), or work as a casual employee.
- if they are employed in the private or the public sector.
- You can also check which Award or Enterprise Agreement applies to their workplace.
Referrals and more information
- If you see a client with a question about their entitlements or wages, they can contact the Fair Work Ombudsman (13 13 94). There are useful resources on their website https://www.fairwork.gov.au.
- If the matter is not urgent, you can help the client make an appointment for an employment advice clinic.
- If you have any questions, or when the client’s situation requires further investigation, and especially if a time limit applies, you can warm refer them to the employment team. For detailed referral information check out the Employment Intranet page.
- See also the employment page on the DRLS Intranet
The Domestic Violence Unit (DVU) is made up of lawyers, social workers and financial counsellors dedicated to assist victims of domestic and family violence.
During disasters clients often experience family law issues, including domestic violence, which need to be referred. Referrals to the DVU and Family law division during disasters typically involve issues around -
- Parenting – especially where parenting arrangements are restricted by disasters – e.g., unable to get to change over location or there is an ADVO in place which restricts contact between parties to make alternative arrangements.
- ADVO’s - potential breaches where parties might be in same evacuation centre or temporary accommodation following a disaster.
Referrals and more information
- For detailed referral information check out the DVU intranet page.
- For general family law referrals, you can contact the Early Intervention Unit
- Family Violence Law Help | Domestic & Family Violence and the Law
The Child Support Service (CSS) is a small unit within the Family Law Division of Legal Aid NSW. There are 7 lawyers in the unit who only deal with Child Support issues. They are based in the Parramatta office and advise in clinics every day of the week.
Child support problems are a mix of Family Law and Government Law.
The Child Support Agency was set up by the Government to assess and collect the amounts that separated parents should pay for the support of their children. The process of assessing and collecting these amounts can be complicated and the Child Support Service can advise on how to navigate this process and deal with the problems.
Child support is a complicated system so if you have a matter that involves child support, the CSS want to hear about it.
Referrals and more information
For detailed referral information check out the CSS intranet page.
LANSW Brochures
- Child Support service - Help for people with child support problems
- Hey you mob – need help with child support? (Aboriginal clients)
Child Support Fact Sheets
- Fact Sheet 1: Taking action to get child support
- Fact Sheet 2: Taking action to dispute paternity
- Fact Sheet 3: Applying for leave to change your assessment
- Fact Sheet 4: Applying for a stay order
- Fact Sheet 5: Going to the Administrative Appeals Tribunal
Housing issues are one of the most common legal issues we see at Recovery Centres. Housing issues are problems that arise for clients who are renting their home, either through a social housing provider or a private rental.
The main Issues include:
Uninhabitable property
Termination - If the property is wholly uninhabitable following a disaster, both a tenant or a landlord can issue a termination notice. Note the landlord cannot terminate the tenancy without an order from NCAT.
Rental arrears
Rent abatement – where a property is wholly or partly uninhabitable, a tenants rent will abate for the period until the property becomes habitable.
Rent reduction – where a tenant has asked the landlord to conduct repairs and they have failed to do so; the tenant can ask for a rent reduction.
Clean up and repairs
Tenants should notify their landlord in writing of repairs needed. Tenants should collect evidence of the issues including photographs, quotes and attempts to contact the landlord.
Urgent repairs – tenants can authorise urgent repairs up to $1,000 where a landlord has not responded to requests for urgent repairs.
Referrals and more information
- Application to NCAT – NSW Civil and Administrative Tribunal
- Apply to NCAT online Apply online (nsw.gov.au)
- Tenants' union website Home | Tenants' Union – type in your postcode at the bottom of the page to find your local tenancy service.
- To find out who is currently in the housing team and who you can contact to discuss a matter or talk about a referral please check the housing intranet homepage.
The Coronial Inquest Unit is a state-wide specialist service of Legal Aid NSW. They provide free legal advice and assistance in coronial matters, and represent people at coronial inquests where legal aid has been granted.
After a disaster, there might be a coronial process in relation to two types of matters:
Death during a disaster:
- When someone had passed away in the course of a disaster, the death is reported to a coroner by NSW Police, there is an investigation, and the coroner makes formal findings about the death. Most deaths reported to the coroner will not result in an inquest.
- How Legal Aid can help: The Coronial Inquest Unit (CIU) can provide free legal advice to families about the coronial process (but not wills and estates), help families to communicate with the Coroners Court, obtain information, make submissions, and in some matters, provide representation in coronial inquests (subject to public interest and means tests).
Fire inquiry:
- The coroner has jurisdiction to hold an inquiry about the cause and origin of a fire where property had been destroyed or damaged.
- How Legal Aid can help: The CIU can advise people who were asked by the police to provide witness statements, or who want to contribute/participate in the process.
Referrals and more information
If you come across a client who is a family member or a relative of someone who has died in the course of a disaster, you can warm refer them to the CIU for intake and initial advice. The timeframe for speaking with a solicitor is approximately 2 weeks:
- By phone (preferred): 9219 5156 to speak to an intake officer.
- For detailed referral information check out the CIU Intranet page
Work and Development Orders (WDOs) are a way to help people who can't pay their fines. People who are eligible for a WDO can clear their fines with approved activities instead of money.
The Work and Development Order Service is a specialist service that:
- Provides free legal advice for people with unpaid fines,
- Assists people in financial hardship to apply for an internal review, WDO placement or payment plan,
- Supports people in financial hardship and exceptional circumstances to make a write off application,
- Provides fines advice and training to service providers interested in joining the WDO scheme, and
- Supports WDO sponsors to deliver the WDOs
Referrals and more information
- To make a referral to the WDO team you can send an email to wdo@legalaid.nsw.gov.au with the clients name, DOB, suburb and best contact number OR use the WDO referral form which can be found on their intranet page.
- Revenue NSW Advocacy Hotline: 1300 135 627
- Work and Development Orders: Can’t pay your fines? brochure
A change in circumstances is one of the biggest risk factors for elder abuse – a disaster represents a huge change in circumstances.
There is no one right answer or solution, but there are lots of things we can do to help people who may be experiencing or are at risk of elder abuse.
If you come across a client who is at risk of or experiencing elder abuse you can reach out to the Elder Abuse Service at the Gosford office for assistance and guidance. Call them today on 4323 5611.
Referrals and more information
Check out the Elder Abuse Service Intranet page for more info. Email: elderservice@legalaid.nsw.gov.au or Phone: 02 4324 5611
- Compass- Guiding action on elder abuse -resources and support
- OPAN (Older Persons Advocacy Network) – 1800 700 600
- National Elder Abuse phone line – 1800ELDERHelp or 1800 353 374
- Ageing and Disability Abuse Helpline (NSW) - 1800 628 221