Victim
Support
A focus of CJSN work recently has
been to further develop our approach to supporting
victims. A Victims Roundtable was held to inform the
refinement of our support role, identify ways to overcome
the barriers experienced and increase access to networks
and resources. Some of the outcomes of this process
include the development of a training module for
volunteers to access to increase their skills in this
support role, identifying significant points in the
process and where gaps exist.
CJSN Sydney
There has been a trend in the
Sydney region recently for referrals for support for
victims.
17 of the 50 supports provided this
year in Sydney have been to victims.
Vivien's Day(s) in
Court
Vivien is a woman who has been
sexually assaulted by a member of her extended family.
She had not told anyone of the assaults but reluctantly
went to the police when a friend pushed her to explain
why she was so unhappy and anxious.
Vivien made a statement at the
police station over several hours. The police were
patient and supportive in taking her statement and took
her complaint very seriously. Further investigation
supported the complaint and the family member was
charged. The rest of the family were very angry and
rejected Vivien for doing this. Her feelings swung many
times from feeling proud that she had taken action to
wishing she had never gone to the police. The police
remained actively supportive and encouraging to her. Just
before the trial was due to start it became too much and
Vivien had to be admitted to a psychiatric treatment unit
for a while.
The Witness Assistance Scheme of
the DPP asked CJSN to help them to support
Vivien.
Some of the ways we were able to
support her in the lead up to the trial were
to:
- help with communication in
meetings with the Crown Prosecutors;
- to read to her the statement
she had made to the Police almost 2 years before
because she was unable to read this
herself;
- to help her prepare for court,
to understand the roles of the various people in
court, the oath and generally what to
expect;
- and importantly to wait with
her for many anxious hours waiting for her turn to
give evidence.
Fortunately, due to her disability,
the court permitted Vivien to give evidence by CCTV so
she didn't have to see anyone except the judge and the
barristers in the court. Vivien had several days of
giving evidence. The CJSN support person sat with her
throughout the time. She coped well with the questions of
the Crown Prosecutor who was careful to ask questions in
a way she could understand. The judge offered her regular
breaks when her concentration flagged. The Defence
Barrister asked questions in a way that was very
confusing to her, she became very frustrated and at times
very angry as she struggled to deal with this. Support to
stay calm, to say when she could not understand, to keep
focused and encouragement not to give up was very
important. Vivien felt very disappointed with how
confused she became during this questioning.
Following the trial, CJSN and a pro
bono solicitor have helped Vivien to apply for
Victim’s Compensation – a process she could not
have managed on her own. Vivien has begun counselling but
is still finding it very difficult, and is still in
frequent contact with CJSN.
The person who assaulted Vivien was
convicted and will be in prison for several years. CJSN
provided 39 hours of in person support to Vivien up till
the end of the trial and further support has been
provided since regarding Victim’s
Compensation.
Law Week
Law Week was an opportunity across
regions for CJSN to focus promotion and awareness raising
towards lawyers.
A
Lawyers Information Kit was developed and launched as
part of the opening of Law Week at Wollongong Court
House. Folders were produced with artwork and personal
story from a client who was supported to channel her
artistic abilities as an outcome from a Youth Justice
Conference where support was provided. She also exhibited
with fellow Aboriginal artists at the Law Week Art
Exhibition, sold many of her works and received further
orders. The Kit contains information about intellectual
disability, communication tips to assist with taking
instructions or statements, information about CJSN
support and a paper on Section 32 examples from IDRS
Principal Solicitor, Peter McGhee.
The Lawyers Info Kit was also
distributed in the Hunter region through Law Week
Information Days at Newcastle Court.
Presentations were made to
Newcastle Legal Aid resulting in an immediate referral
for support. The CJSN booth also generated interest from
experienced people wishing to be trained as volunteers,
including lawyers for the after hours advice
roster.
In Sydney, the Women Lawyers’
Association, Lawyers Reform Association and CJSN
supported a seminar on Mental Health Issues in the
Criminal Justice System facilitated by Tania Evers, and
able to highlight the differences between intellectual
disability and mental illness, the support available and
many serious issues that remain unmet. This was well
attended, generated interest and was another opportunity
to distribute the information kit.
The Lawyers
Information Kit is available
from any of the CJSN offices and will soon be on the
website.
CJSN Outreach Work
An Outreach Worker has been
employed to focus on promotion of the 1300 Support Line
Statewide and capacity building in other regional
areas.
Leonie Kirwan has been welcomed to
the team in this capacity, and brings with her many years
experience working with people with intellectual
disabilities and also with service promotion in rural and
remote areas.
Leonie has already visited
Bateman’s Bay to present at a forum on Indigenous
Issues in the Criminal Justice System, provided 2 days of
training in Moruya and visited Albury with IDRS staff for
training. Interest has also been received from
Mudgee/Gulgong and Tamworth.
CJSN Down South
Karen has been busy co-ordinating
20 individual supports over the past 3 months.
Relationships have also been formed
with Aboriginal support services in the Shoalhaven
region, particularly with regard to referrals for support
with Circle Sentencing, and is starting to generate
interest from Koori people willing to be volunteers. The
new Mental Health Liaison position at Nowra Court,
through Corrections Health, has also been a new contact
point.
Rodney’s Story
The Legal Aid Lawyer
said that in ten years, she’s never seen anything
like it!
The Magistrate said "This is
ridiculous! A waste of the court’s
time!"
Rodney is in his fifties and lives
alone. He mows lawns for a disability supported workplace
3 days pw, for which he is paid $17. He receives some
support services to help him manage his money. In
February, Rodney came home from visiting his family
interstate to find his neighbour on his doorstep.
“The Police are after you. What did you do?”
Rodney had no idea. He thought it must be a mistake but
he was scared.
Soon after, the Police returned. He
was arrested in relation to outstanding charges of
stealing and failing to appear at court on the same
matter and taken to the local Station for processing. His
support worker contacted CJSN.
The stolen goods were a chocolate
bar worth 30c, shoplifted from a supermarket in Dubbo in
1989, which when caught at the door he returned but he
was still taken to the Police station and
charged.
Rodney swears that he attended
Court in Dubbo and describes the experience in detail. He
is terrified that he will go to gaol.
Rodney was checked off the court
list first thing. The support person enquired about
Rodney with Legal Aid at 11.30am when his name
hadn’t been called but was advised that his file
must be with the other lawyer. The support person
enquired again at 2pm when he still hadn’t been
called or seen. The file could not be found and Legal Aid
assumed that he was not eligible.
After considerable persistence from
the support worker, explanations about what happened at
the Legal Aid interview and producing copies of all his
documents the lawyer requested that another application
form be completed.
Legal Aid informed Rodney that they
were not prepared and an adjournment would be requested.
He was devastated.
Fortunately, after the break the
lawyer had a quick look at the file and thought the case
could be argued. At 3.20pm Rodney was finally called into
Court, he was very stressed by all the confusion and in
pain as his medication had worn off.
The Magistrate said “This is
ridiculous!”. He became visibly angry and suggested
there was a case for legal recourse, the Police
Prosecutor was astounded, and both charges were
dismissed.
The Legal Aid Lawyer strongly
suggested that Rodney pursue compensation from the
Attorney Generals Dept. The issue was discussed with
Rodney later, and he decided to follow up with a civil
case.
Legal Aid now have his file and
CJSN is supporting him through this matter.
CJSN Hunter welcomes Sally
Chopping
CJSN
was very sad to farewell Kylie Gersbach as Regional
Co-ordinator in the Hunter region. In her 9 months, she
established a very solid base for CJSN in the Hunter with
well trained volunteers providing support to a rapidly
increasing number of referrals. St. Kylie, as she had
become known in the Hunter, is now utilising her
extensive skills and experience as a Forensic Caseworker
with DADHC’s Behaviour Intervention Service, and so
is still working closely with CJSN.
We welcome Sally Chopping to the
Regional Co-ordinators position in the Hunter.
Sally’s extensive background in law and with a
variety of Tribunals, including the Guardianship
Tribunal, is already proving valuable to
clients.
Sally’s enthusiasm and
commitment has resulted in a seamless transition in
services. She has been extremely busy introducing herself
to existing contacts and establishing many new ones. This
has occurred whilst managing 41 individual supports to
clients over the past 3 months.
Sally has also conducted 2
Orientation sessions and 2 days of Court Support
training, with 10 new expressions of interest from
potential volunteers.
3 lawyers have also received
training that will assist them to undertake some pro bono
work, and also to be part of the CJSN after hours legal
advice roster. It’s very positive to have interest
and expertise growing in our regions.
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