Legal Services
Disability Law Project
What is the Disabled Law Project?
The TASC Disability Law Project is Australia's first criminal law service for people who suffer from an intellectual disability, acquired brain injury or mental illness.
The Disability Law Project provides legal representation, advice and support to adults and children that suffer from a mental health illness and/or intellectual disability and/or acquired brain injury who have been charged by Police and are to appear before the Toowoomba and Ipswich Magistrates Court or Children's Court. In addition, the Disability Law Project provides legal advice and support to such people who have been aggrieved by a criminal act.
The Disability Law Project also provides legal representation, advice and support to patients at either the Toowoomba and Ipswich Acute Mental Health Unit or Baillie Henderson Hospital.
Some Stories
Recent Publication
April 2007
Rough Justice takes an in-depth look at disability and criminal law. Click here to obtain the primer, Rough Justice
Who is eligible?
Any adult or child that suffers from mental illness and/or intellectual disability who have been charged by Police or wish to complain to Police about something that has been done to them.
What types of matters are eligible?
People that suffer from mental illness and/or intellectual disability are eligible in all pleas in the Toowoomba Magistrates Court. They may also be eligible for assistance in summary trials in the Toowoomba and Ipswich Magistrates Court. Patients currently on a forensic order may also be entitled to legal representation before the Mental Health Review Tribunal and/or the Mental Health Court.
Referring clients for representation
Clients can be referred directly to the Disability Law Project lawyer prior to their appearance in the Magistrates Court. However, the Disability Law Project also provides duty lawyer services to disabled clients every day at the Toowoomba Magistrates Court.
If you are a child that suffers from such disability, you will need to contact the Disability Law Project lawyer prior to your appearance in the Children's Court to arrange an appointment.
If you are a patient at either the Toowoomba Acute Mental Health Unit or Baillie Henderson Hospital, referrals can be made by yourself, an allied person, a family member or the hospital social worker.
Queensland Criminal Justice Centre
Why does Queensland need QCJC?
The Disability Law Project (DLP) commenced operating in 2005 because people with a disability charged with offences were being unjustly treated in the criminal process, and the criminal justice system generally. In the context of this project, "disability" means psychiatric (or mental) illness and/or intellectual impairment.
Since its inception, the DLP has represented in excess of 200 people with a disability. This experience has uncovered a plethora of anomalies that predispose people with a disability to substantial injustice. This is exacerbated by an ill-equipped and over-burdened duty lawyer service.
The Courts (and the mental health care system as well as other key stakeholders) are also over-burdened, and do not fully understand, or have the time and resources to properly be provided with and consider issues relevant to "disability", particularly in relation to penalties and sentences, but also in the wider context of actual criminal responsibility.
The Courts are also constrained by an inappropriate range of penalties and sentences. Exculpatory matters (e.g. ‘insanity' and "fitness for trial") are (perhaps unnecessarily) complex in practice and procedure, and it is quite clear that all defendants with a (relevant and significant) disability are not equal before the law when it comes to accessing justice on these "exculpatory" matters. All this of course leads to unjust and "discriminatory" outcomes for people with a disability.
The complexities involved in effectively representing defendants with a disability in the criminal justice system therefore require an in-depth knowledge of a vast range of information and systems. This can only be achieved by relevant and sustained education aimed at all parties dealing with people with a disability and who are before the Courts charged with offences.
The experience and results of the DLP indicate there is a positive way forward by providing accessible and considered resources to focus on and support all stakeholders involved in dealings with people with a disability in the criminal justice system. The Queensland Criminal Justice Centre (QCJC) aims to provide that, and we welcome you to the QCJC.
Please visit QCJC at www.qcjc.com.au
Rural Women's Outreach Legal Service
What is RWOLS?
The Rural Women's Outreach Legal Service (RWOLS) helps rural and regional women in South West Queensland on their first appointment access the right legal services or support agencies for their legal problem as well as provide initial advice.
If the legal problem is in RWOLS areas of expertise the solicitor may be able to write letters on the woman's behalf, engage in negotiation with the other side and sometimes provide some court representation. RWOLS was initially a pilot project funded by Legal Aid just over 7 years ago. Now The Advocacy and Support Centre has recurrent funding for the project.
RWOLS is a special service because it recognises that each of the communities that it visits is different. The service relies heavily on community members at the centres where it runs clinics to provide vital information about the community.
Seniors' Legal & Support Service
Protecting the Rights of Seniors
The Seniors' Legal & Support Service offers free legal and social work support for seniors (60 years and over) experiencing elder abuse, mistreatment or financial exploitation. We offer:
- Free legal advice
- Counselling
- Advocacy
- Referrals
- Support
- Community Education
What can the Seniors' Legal & Support Service provide?
- Day-time appointments
- Home visits if needed
- A telephone service for clients and service providers
Who should contact the Seniors' Legal & Support Service?
- Seniors who are concerned about elder abuse, mistreatment or financial exploitation, or a nominated representative
- Concerned family members or friends
- Service providers
What can the Seniors' Legal & Support Service do for you?
- Provide information, advice and support
- Provide information on your legal rights
- Provide crisis and short-term counselling including the development of safety plans
- Refer you to other legal, consumer and support services
- Try to arrange pro bono legal assistance for more complex legal matters such as recovery of money or property
- Represent you in court or before tribunals (in certain circumstances)
- Provide community legal education
Helping Seniors to Overcome Elder Abuse and Financial Exploitation
Elder abuse is any act within a relationship of trust, which results in harm to an older person. It can include:
- Intentionally hurting a person such as slapping, hitting or mistreating someone
- Intentionally damaging another person's property (e.g. hurting pets or breaking belongings)
- Verbal intimidation, humiliation, harassment or threats of physical harm or abandonment
- Unwanted sexual or indecent behaviour towards the other person without their consent,
- Preventing a person from seeing others or denying them the right to make their own decisions,
- Intentional or unintentional failure to provide adequate care
What is meant by financial exploitation? Financial exploitation is:
- The illegal or improper use, or misappropriation of a person's property or finances
- Forced changes to a will and other legal documents
- Denying someone the right to access and control their personal funds
- Unfair or fraudulent practices relating to retirement villages, age rental accommodation or residential parks
References
Click here for the Queensland Department of Communities Legal Support for Seniors
Click here to download the Seniors' Legal and Support Service brochure
How to Contact the Seniors' Legal & Support Service
Seniors' Legal & Support Service: 223 Hume Street
Toowoomba (07) 46169700
Hours of Service:Our office is open from: 9 am - 4.30pm Monday to Thursday and 9 am - 4 pm on Friday.
Toowoomba Community Legal Service
What is the Toowoomba Community Legal Service?
The Toowoomba Community Legal Service (TCLS) provides free legal advice and information through its legal clinic. Some Court representation is carried out in special circumstances. Areas of law on which TCLS solicitors can advise are:
FAMILY LAW - Divorce, Parenting, Property, Child Support and Domestic Violence.
CIVIL LAW - Debt, Traffic, Motor Vehicle accidents, Peace and Good Behaviour, Neighbourhood disputes and dividing fences.
CRIMINAL LAW - Initial advice and referral. Court support in exceptional circumstances only.
TCLS Staff do not advise on matters which are personal injury, medical negligence, compensation, large commercial matters or conveyancing. Staff do not construct wills but may interpret simple wills and Enduring Powers of Attorney.
Ipswich Community Legal Service
What is the Ipswich Community Legal Service?
On the 22nd April 2008, Attorney General Kerry Shine officially opened the Ipswich Community Legal Service (ICLS). The first of its kind, being located in a courthouse in Australia. ICLS provides free legal advice and information to clients during a 30 minute appointment. Areas of law on which ICLS solicitors can advise are:
- Family Law - Divorce, Child Support, Separation, Children's matter
- Child Proctection
- Moto Vehicle Accidents (property damage only)
- Police Matters - Traffic
- Criminal Matters - Advice Only
- Domestic Violence
- Neighbour - Dividing fences, trees
- Basic advice for Court appearances - we don't represent in Court
- Wills - Interpretation Only
- Consumer Complaints
- Centrelink
ICLS is UNABLE to assist clients with:
- Personal Injury Matters - Medical Negligence
- Purchasing of a house or block of land
- Conveyancing
- Estate Matters
- Preparation of Wills
- Pre Nuptial agreements
- Work Cover - any injuries
- Commerical/business matters
- Employment disputes eg. unfair dismissal
- Family Law - Property Settlement
Contacting ICLS
Ipswich Courthouse
Crn Limestone and East Streets, Ipswich
PO Box 38, Ipswich QLD 4305
or to make an appointment call 1300 00TASC
