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Challenges of the Legal system

The legal system presents many challenges to refugees and new arrivals. Firstly they must become familiar with the laws of our country. Adjustments are difficult for those who have come from countries where laws were used to oppress people instead of to maintain safety and good community relationships. It is difficult to approach police in Australia for help if you have previously spent your life terrified of the police. Difficulties with reading english can result in people signing contracts they don't fully understand. Legal words and words used in contracts can be difficult to understand even by those of use who were born and raised in Australia.

Identifying legal problems and getting help:

You can help by:

Assisting people to identify when they have a problem which might require legal help. (Often it is not obvious to people that they have a legal problem)
Directing them to someone who can help them (usually a community legal centre)
Helping them to make an appointment and showing them where to go.
Ensuring an interpreter is used if one is required (be sure to inform the legal centre when making the appointment that an interpreter will be required and suggest a double appointment may be required)
Accompanying the person to an appointment especially if you have information that might help the lawyer provide assistance.

Case study:
Deng had moved house. Now the agent he had been renting from wanted to retain the bond to pay for repairs. Deng felt that the agent’s claims were not justified. James a member of the congregation tried to negotiate on his behalf with the agent but they could not reach an agreement and the agent decided to take the matter to VCAT. James immediately rang the local community legal centre and made an appointment for Deng, he informed the legal centre of the need for an interpreter and they booked a double appointment to allow extra time to communicate through the interpreter. James showed Deng where the legal centre was and met him there. Together they explained to the lawyer what had happened. When the notice to appear in court came James made sure the lawyer organised an interpreter. James attended the VCAT hearing with Deng because he had had conversations with the agent and had assisted Deng to complete the condition report at the start of the Tenancy. The lawyer helped Deng and James in court and the judge made a decision about settlement of the bond.

When the police are involved

If the police are involved and one is asked to assist a friend with limited english one can offer to be an English speaking contact for the police. You should however, always encourage the police to use interpreters. Volunteering to be a contact person makes it easier for you to make inquiries about the progress of a matter on behalf of someone who is not a confident English speaker, it also gives the police someone who they can communicate essential information with especially if the family translator is a child.

For victims of crime:

Help the victim to understand that what has happened is against the law in Australia
Help them understand that in Australia we report these matters to the police who will deal appropriately with the person who did wrong.
We don’t take matters into our own hands.
Attend the police station with the victim if they need support to do so. (It can be frightening for some people to talk to a member of the police force even if they are not at fault).
Make sure that the police member who takes down a report explains what will happen next so that the person feels assured that it will be taken care of.
If a person has been hurt take them to see a doctor if necessary.

Case Study:
John is 15 years old and was assaulted on his way home from school one day. The family rang Chris a member of their church and told him what happened. John was angry and wanted to tell someone to go and get the other boy and bash him. Chris explained that we don’t do that in Australia and it is not what God would want us to do either. Chris accompanied John and his mother to the police station and helped them to make a statement and give information that might help the police to charge the person who hurt him. Chris left his phone number with the policeman in case there was difficulty communicating with the family.

Attending court as a witness or victim:

Having to attend Court whether you are the defendant or the victim in a crime can be scary. Courts are very formal places and have special ways of doing things.

The police will inform a victim/witness as to when a matter will be heard in court.
Make sure that the person knows where the court is and how to get there.
It is helpful to go with someone to court especially if it is their first time and English is still difficult for them.
Finding out where to go when you get there can be challenging and it is helpful to have someone with you who speaks english.
The Supreme, County, Coroner's, Family, Children's and Melbourne and district Magistrates' courts all have court support services which can provide assistance to a witness or victim when attending court. You can ask for them at the court or phone in advance to arrange help.
If possible inform the court before hand if an interpreter will be required. Interpreters are provided free of charge for victims and witnesses appearing in the Supreme, County, Coroner's, Family, Children's and Melbourne and district Magistrates' courts.
Courts do not run to a fixed schedule instead they work through a list of cases. As some hearings take longer than others, it may be necessary to wait for some time before you are called into court so be prepared to wait but be on time in case you are called in first.
You will usually be told whether to be there at 9.30am or at 2.00pm as these are the times they start working through their lists.
Make sure that the outcome of the hearing is explained to the person you are supporting through the use of the interpreter if necessary.

Attending court as a defendant:

You should have legal representation.
You will have access to a Legal Aid Duty Lawyer at court.
You will have the right to an interpreter.

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Contents of this page:

Challenges of the Legal system

Identifying legal problems and getting help:

When the police are involved

For victims of crime:

Attending court as a witness or victim:

Attending court as a defendant:

Other Links:

Support for victims of crime:

Victims Support Agency

Victims of Crime Helpline

Victorian Legal Aid:

To find a community legal centre:

http://www.communitylaw.org.au/community/pages/clc/

Visual brochure: