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  • Family violence intervention orders
    A family violence intervention order is an order of protection from the court that says the person of concern must not commit family violence. Not complying with the order is a criminal offence, and the police will act if the other person does not comply. An NCLC lawyer will help you work out the conditions you need included in the order, and whether children or other family members also need to be included. Conditions can include: The person of concern must not damage your property; They must not track your movements; They cannot comment about you on social media or by email; They cannot contact you or communicate in other ways; They must stay a certain distance away; They must stay away from your workplace, school and/or home; They cannot ask another person to do the things prohibited in the order; and They must return your property. The lawyer can also help you work out further specific conditions, such as allowing the person of concern to be able to talk or spend time with the children at specific times, whilst staying away at other times. Family violence intervention orders are usually granted for a specific period – twelve months, for example. At the end of this period, you can request for the order to be extended by applying to the court, or to vary the order if things have changed. For example, if you decide you want the person living in the house with you again, you might vary the order to remove the condition that they stay away.
  • Assistance with migration issues
    The NCLC migration lawyer can determine what visa you are on, and what pathways are available for you to safely remain in Australia. If you are on a partner visa and are experiencing family violence, there are specific family violence provisions that allow you to apply for residency.
  • Child arrangements
    When a relationship ends, the law says that parents must try to agree on arrangements for their children, thinking about what is best for them. If parents agree, they can put this in writing and a court will make it into legally enforceable consent orders. If parents cannot agree, they may have to try mediation – a conference where an independent person will help both parents to work through the issues and come to an agreement. If mediation does not work, a person can apply to the family law courts to make what are called 'parenting orders'. The court always puts the children’s best interests first. The NCLC lawyer can help you work out arrangements for children spending time with each parent, and support you through the process of mediation.
  • Your rights to property
    The NCLC lawyer can give you some initial advice about dividing any property. They may refer you to a private lawyer for further assistance.
  • Your rights to financial support
    The lawyer can advise you on whether you are entitled to receive ongoing financial support from your ex-partner following separation. This is called ‘spousal maintenance’. Financial support for your child/children is known as ‘child support’.
  • Victims of Crime Assistance
    Victims of Crime Assistance is available to a person who has had a violent crime committed against them in Victoria, leading to either physical injury or mental harm. Other people who have been affected, such as children, may also be eligible for assistance. This assistance may include covering: · Counselling expenses; · Medical expenses; · Replacement of damaged items; · Safety-related expenses (such as improved home security); · Funeral expenses; · Loss of income; · Special financial assistance; and · Other expenses that will assist recovery. The NCLC lawyer can advise you on whether you are likely to be eligible for assistance, and then how to prepare your application.
  • Assistance with rental accommodation
    The NCLC lawyer can help you to change your renting arrangements as needed if the violent family member is leaving the rental home and their name is on the lease.
  • Fines and debt
    In some situations, the NCLC lawyer might be able to get fines or debt waived or reduced if you are experiencing family violence.
  • How to make an appointment
    To make an appointment to speak to an NCLC lawyer, you can either: · Telephone us on (03) 9310 4376 (call 131 450 if you need a telephone interpreter) · Email us at admin@northernclc.org.au Before seeing a lawyer: · Make sure you have some private space away from the abusive person to talk with the lawyer. If possible, organise for children to be minded by someone else. It is important that children do not overhear information that they might accidentally pass on to the other person. · Gather any paperwork that is relevant to your situation, provided this can be done safely. The lawyer may ask you to email documents through to them. · Write down a list of questions that you want to ask the lawyer to make sure you get all the information that you need. · Have a pen and paper ready. The lawyer might suggest other services that can also help you. NCLC has both male and female lawyers available. If you feel more comfortable with a female lawyer, this can be requested.
LAW REFORM & ADVOCACY

Northern Community Legal Centre’s purpose is to ensure equal access to justice for all in Melbourne’s North-West. Using evidence-based insights drawn from our legal casework, community engagement activities and research projects, NCLC advocates for changes to policy and laws to address justice barriers that lead to inequity and disadvantage. 

 

 

 

 

Law Reform Submissions 

MENTAL HEALTH

Law reform submissions relating to mental health:

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  • Family violence intervention orders
    A family violence intervention order is an order of protection from the court that says the person of concern must not commit family violence. Not complying with the order is a criminal offence, and the police will act if the other person does not comply. An NCLC lawyer will help you work out the conditions you need included in the order, and whether children or other family members also need to be included. Conditions can include: The person of concern must not damage your property; They must not track your movements; They cannot comment about you on social media or by email; They cannot contact you or communicate in other ways; They must stay a certain distance away; They must stay away from your workplace, school and/or home; They cannot ask another person to do the things prohibited in the order; and They must return your property. The lawyer can also help you work out further specific conditions, such as allowing the person of concern to be able to talk or spend time with the children at specific times, whilst staying away at other times. Family violence intervention orders are usually granted for a specific period – twelve months, for example. At the end of this period, you can request for the order to be extended by applying to the court, or to vary the order if things have changed. For example, if you decide you want the person living in the house with you again, you might vary the order to remove the condition that they stay away.
  • Assistance with migration issues
    The NCLC migration lawyer can determine what visa you are on, and what pathways are available for you to safely remain in Australia. If you are on a partner visa and are experiencing family violence, there are specific family violence provisions that allow you to apply for residency.
  • Child arrangements
    When a relationship ends, the law says that parents must try to agree on arrangements for their children, thinking about what is best for them. If parents agree, they can put this in writing and a court will make it into legally enforceable consent orders. If parents cannot agree, they may have to try mediation – a conference where an independent person will help both parents to work through the issues and come to an agreement. If mediation does not work, a person can apply to the family law courts to make what are called 'parenting orders'. The court always puts the children’s best interests first. The NCLC lawyer can help you work out arrangements for children spending time with each parent, and support you through the process of mediation.
  • Your rights to property
    The NCLC lawyer can give you some initial advice about dividing any property. They may refer you to a private lawyer for further assistance.
  • Your rights to financial support
    The lawyer can advise you on whether you are entitled to receive ongoing financial support from your ex-partner following separation. This is called ‘spousal maintenance’. Financial support for your child/children is known as ‘child support’.
  • Victims of Crime Assistance
    Victims of Crime Assistance is available to a person who has had a violent crime committed against them in Victoria, leading to either physical injury or mental harm. Other people who have been affected, such as children, may also be eligible for assistance. This assistance may include covering: · Counselling expenses; · Medical expenses; · Replacement of damaged items; · Safety-related expenses (such as improved home security); · Funeral expenses; · Loss of income; · Special financial assistance; and · Other expenses that will assist recovery. The NCLC lawyer can advise you on whether you are likely to be eligible for assistance, and then how to prepare your application.
  • Assistance with rental accommodation
    The NCLC lawyer can help you to change your renting arrangements as needed if the violent family member is leaving the rental home and their name is on the lease.
  • Fines and debt
    In some situations, the NCLC lawyer might be able to get fines or debt waived or reduced if you are experiencing family violence.
  • How to make an appointment
    To make an appointment to speak to an NCLC lawyer, you can either: · Telephone us on (03) 9310 4376 (call 131 450 if you need a telephone interpreter) · Email us at admin@northernclc.org.au Before seeing a lawyer: · Make sure you have some private space away from the abusive person to talk with the lawyer. If possible, organise for children to be minded by someone else. It is important that children do not overhear information that they might accidentally pass on to the other person. · Gather any paperwork that is relevant to your situation, provided this can be done safely. The lawyer may ask you to email documents through to them. · Write down a list of questions that you want to ask the lawyer to make sure you get all the information that you need. · Have a pen and paper ready. The lawyer might suggest other services that can also help you. NCLC has both male and female lawyers available. If you feel more comfortable with a female lawyer, this can be requested.

HOMELESSNESS

Law reform submissions relating to homelessness:

  • Family violence intervention orders
    A family violence intervention order is an order of protection from the court that says the person of concern must not commit family violence. Not complying with the order is a criminal offence, and the police will act if the other person does not comply. An NCLC lawyer will help you work out the conditions you need included in the order, and whether children or other family members also need to be included. Conditions can include: The person of concern must not damage your property; They must not track your movements; They cannot comment about you on social media or by email; They cannot contact you or communicate in other ways; They must stay a certain distance away; They must stay away from your workplace, school and/or home; They cannot ask another person to do the things prohibited in the order; and They must return your property. The lawyer can also help you work out further specific conditions, such as allowing the person of concern to be able to talk or spend time with the children at specific times, whilst staying away at other times. Family violence intervention orders are usually granted for a specific period – twelve months, for example. At the end of this period, you can request for the order to be extended by applying to the court, or to vary the order if things have changed. For example, if you decide you want the person living in the house with you again, you might vary the order to remove the condition that they stay away.
  • Assistance with migration issues
    The NCLC migration lawyer can determine what visa you are on, and what pathways are available for you to safely remain in Australia. If you are on a partner visa and are experiencing family violence, there are specific family violence provisions that allow you to apply for residency.
  • Child arrangements
    When a relationship ends, the law says that parents must try to agree on arrangements for their children, thinking about what is best for them. If parents agree, they can put this in writing and a court will make it into legally enforceable consent orders. If parents cannot agree, they may have to try mediation – a conference where an independent person will help both parents to work through the issues and come to an agreement. If mediation does not work, a person can apply to the family law courts to make what are called 'parenting orders'. The court always puts the children’s best interests first. The NCLC lawyer can help you work out arrangements for children spending time with each parent, and support you through the process of mediation.
  • Your rights to property
    The NCLC lawyer can give you some initial advice about dividing any property. They may refer you to a private lawyer for further assistance.
  • Your rights to financial support
    The lawyer can advise you on whether you are entitled to receive ongoing financial support from your ex-partner following separation. This is called ‘spousal maintenance’. Financial support for your child/children is known as ‘child support’.
  • Victims of Crime Assistance
    Victims of Crime Assistance is available to a person who has had a violent crime committed against them in Victoria, leading to either physical injury or mental harm. Other people who have been affected, such as children, may also be eligible for assistance. This assistance may include covering: · Counselling expenses; · Medical expenses; · Replacement of damaged items; · Safety-related expenses (such as improved home security); · Funeral expenses; · Loss of income; · Special financial assistance; and · Other expenses that will assist recovery. The NCLC lawyer can advise you on whether you are likely to be eligible for assistance, and then how to prepare your application.
  • Assistance with rental accommodation
    The NCLC lawyer can help you to change your renting arrangements as needed if the violent family member is leaving the rental home and their name is on the lease.
  • Fines and debt
    In some situations, the NCLC lawyer might be able to get fines or debt waived or reduced if you are experiencing family violence.
  • How to make an appointment
    To make an appointment to speak to an NCLC lawyer, you can either: · Telephone us on (03) 9310 4376 (call 131 450 if you need a telephone interpreter) · Email us at admin@northernclc.org.au Before seeing a lawyer: · Make sure you have some private space away from the abusive person to talk with the lawyer. If possible, organise for children to be minded by someone else. It is important that children do not overhear information that they might accidentally pass on to the other person. · Gather any paperwork that is relevant to your situation, provided this can be done safely. The lawyer may ask you to email documents through to them. · Write down a list of questions that you want to ask the lawyer to make sure you get all the information that you need. · Have a pen and paper ready. The lawyer might suggest other services that can also help you. NCLC has both male and female lawyers available. If you feel more comfortable with a female lawyer, this can be requested.

FAMILY VIOLENCE

Law reform submissions relating to family violence:

  • Family violence intervention orders
    A family violence intervention order is an order of protection from the court that says the person of concern must not commit family violence. Not complying with the order is a criminal offence, and the police will act if the other person does not comply. An NCLC lawyer will help you work out the conditions you need included in the order, and whether children or other family members also need to be included. Conditions can include: The person of concern must not damage your property; They must not track your movements; They cannot comment about you on social media or by email; They cannot contact you or communicate in other ways; They must stay a certain distance away; They must stay away from your workplace, school and/or home; They cannot ask another person to do the things prohibited in the order; and They must return your property. The lawyer can also help you work out further specific conditions, such as allowing the person of concern to be able to talk or spend time with the children at specific times, whilst staying away at other times. Family violence intervention orders are usually granted for a specific period – twelve months, for example. At the end of this period, you can request for the order to be extended by applying to the court, or to vary the order if things have changed. For example, if you decide you want the person living in the house with you again, you might vary the order to remove the condition that they stay away.
  • Assistance with migration issues
    The NCLC migration lawyer can determine what visa you are on, and what pathways are available for you to safely remain in Australia. If you are on a partner visa and are experiencing family violence, there are specific family violence provisions that allow you to apply for residency.
  • Child arrangements
    When a relationship ends, the law says that parents must try to agree on arrangements for their children, thinking about what is best for them. If parents agree, they can put this in writing and a court will make it into legally enforceable consent orders. If parents cannot agree, they may have to try mediation – a conference where an independent person will help both parents to work through the issues and come to an agreement. If mediation does not work, a person can apply to the family law courts to make what are called 'parenting orders'. The court always puts the children’s best interests first. The NCLC lawyer can help you work out arrangements for children spending time with each parent, and support you through the process of mediation.
  • Your rights to property
    The NCLC lawyer can give you some initial advice about dividing any property. They may refer you to a private lawyer for further assistance.
  • Your rights to financial support
    The lawyer can advise you on whether you are entitled to receive ongoing financial support from your ex-partner following separation. This is called ‘spousal maintenance’. Financial support for your child/children is known as ‘child support’.
  • Victims of Crime Assistance
    Victims of Crime Assistance is available to a person who has had a violent crime committed against them in Victoria, leading to either physical injury or mental harm. Other people who have been affected, such as children, may also be eligible for assistance. This assistance may include covering: · Counselling expenses; · Medical expenses; · Replacement of damaged items; · Safety-related expenses (such as improved home security); · Funeral expenses; · Loss of income; · Special financial assistance; and · Other expenses that will assist recovery. The NCLC lawyer can advise you on whether you are likely to be eligible for assistance, and then how to prepare your application.
  • Assistance with rental accommodation
    The NCLC lawyer can help you to change your renting arrangements as needed if the violent family member is leaving the rental home and their name is on the lease.
  • Fines and debt
    In some situations, the NCLC lawyer might be able to get fines or debt waived or reduced if you are experiencing family violence.
  • How to make an appointment
    To make an appointment to speak to an NCLC lawyer, you can either: · Telephone us on (03) 9310 4376 (call 131 450 if you need a telephone interpreter) · Email us at admin@northernclc.org.au Before seeing a lawyer: · Make sure you have some private space away from the abusive person to talk with the lawyer. If possible, organise for children to be minded by someone else. It is important that children do not overhear information that they might accidentally pass on to the other person. · Gather any paperwork that is relevant to your situation, provided this can be done safely. The lawyer may ask you to email documents through to them. · Write down a list of questions that you want to ask the lawyer to make sure you get all the information that you need. · Have a pen and paper ready. The lawyer might suggest other services that can also help you. NCLC has both male and female lawyers available. If you feel more comfortable with a female lawyer, this can be requested.

Project Reports & Recommendations

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