New South Wales is a state with beautiful landscapes, a vibrant economy and highly developed urban cities. Sydney in particular, despite its appearance of prosperity, has a large number of people who live at or near the poverty live, especially indigenous Australians. Many people are socially and economically disadvantaged and struggle to gain access to a range of affordable services, including legal advice. Access to justice can foster social inclusion within communities and address historical and ongoing inequality.
In the words of Sir Anthony Mason AC KBE:
"It is fundamental to our democracy and to our notion of law that all who require it should have access to justice."
Vulnerable, disadvantaged and marginalised people frequently have legal problems that can be devastating without access to justice. Such problems include issues of broad public concern such as predatory lending, discrimination in the workplace, disadvantage resulting from the stolen generations, environmental protection and unlawful detention.
Not-for-profit organisations that assist vulnerable, disadvantaged and marginalized people to participate in the social and economic life or otherwise act in the public good, sometimes need assistance as well. These organisations often have concerns about the administration of their operations which require legal, accounting and other professional advice.
Individuals and not-for-profit organisations receive assistance from PILCH NSW Members for no fee where they are unable to afford to pay for assistance or when assistance is otherwise unavailable.
In this way, PILCH NSW Members help to Bridge the Justice Gap.
PILCH NSW receives, assesses and refers requests for pro bono assistance from members of the public and not-for-profit organisations. PILCH NSW is a trusted pro bono clearing house which engages with key referral agencies such as Community Legal Centres, Law Access NSW, Legal Aid Commission and not-for-profit organisations. We receive hundreds of requests for assistance each year.
Referral requests are assessed against a public interest criteria developed over our years of service and with an evolving understanding of community needs.
'Public interest' is interpreted to include issues that particularly impact on disadvantaged, vulnerable and marginalised groups or raise matters of broad public concern.
Public interest issues arrise across a range of disciplines including accountancy, corporate law, credit and debt, discrimination, employment, human rights, administrative law, homelessness, environmental matters, criminal, immigration, associations management and international law.
PILCH NSW facilitates requests which enable members to provide a range of services for CLCs. These include legal advice, access to training facilities, venues, publications support and pro bono referral of cases beyond a centre’s capacity. This practical assistance enables CLCs to use more of their limited resources to help more people.
As a peak body, PILCH NSW identifies emerging and important issues that affect the broader community. PILCH NSW also works in partnership with community Legal Centres, Government Agencies, not-for-profit organisations and law schools to address emerging issues of unmet legal need.
Projects coordinated by PILCH NSW aim to address systemic problems which require redress for the public good. PILCH NSW members are provided opportunities to work collectively on these important issues. Members assist with advocacy and in shaping proposals for law reform.
PILCH NSW organises public events for the benefit of members and stakeholder organisations. PILCH NSW also holds public events to raise awareness about specific public interest issues within the community and the pro bono sector. Events include public seminars, movie nights and large fundraising initiatives.
Access to justice, considered a cornerstone of our democracy, is often limited to those who have access to money. This is particularly evident for individuals seeking to raise civil law public interest issues.
Case Study:
An individual being held in immigration detention contacted PILCH seeking representation in the Federal Court to oppose a deportation order. PILCH NSW assessed the matter as being in the public interest and referred the matter to a member law firm and to a member barrister. The members worked together to provide pro bono representation.
The individual should be ineligable for Legal Aid representation and must have a problem which is in the public interest requiring redress for the common good (pro bono publico).
Case Study:
Ms R was facing eviction from her home. Investigation into the lending practices in the case revealed predatory behaviour of the parties involved. PILCH NSW referred this urgent matter to a member law firm and to junior and senior counsel who prepared court documents and appeared in the matter within two days of referral, stopping the eviction.
PILCH NSW members assist individuals to raise issues of public importance through litigation, by giving advice and other forms of advocacy in a range of forums.