M1 - Learner Manual

2.7. A Client ‘in need of assistance’

There is a range of legal issues that may arise for your client where they may be in need of some advice or some advocacy assistance. Your client may be in custody or they may be at liberty. Remember that often a person may have more than one legal issue at a time. For example, they may be on remand in prison custody for a criminal matter and also have an Apprehended Violence Order matter listed in court as well. The client may also need your assistance in arranging contact with their children who are in State care. 

In some cases, your client may have special needs arising from a disability, due to language or because they are an Indigenous or Torres Strait Islander person. This may impact upon their needs and the way that you communicate with them. For example, they may need a support person, an interpreter and / or you may need to take into account cultural considerations as part of your engagement. Remember also that juveniles have different needs to adults; in many cases there are special laws in place to ensure their rights are protected given their age and vulnerability.

Your client may need assistance from you in relation to any of the practice areas mentioned above. For example:

Domestic Violence 

In each state and territory in Australia there is legislation in place that deals with Domestic or Family violence. In NSW the Crimes (Domestic and Personal Violence) Act 2007 (NSW) is the key piece of legislation for this area of law. 

In these cases, you may need to advocate on behalf of or assist your client with a range of issues. For example:-

• You may need to provide legal advice to a victim about applying for an AVO.
• You may need to provide advice if there is an allegation that an AVO has been breached.
• You many need to refer your client to some support services.  

Disability Law

Anti-discrimination law based on a person’s disability is governed at both state and commonwealth level. In NSW the Disability Inclusion Act 2014 (NSW) deals with a range of human rights issues relating to persons living with a disability. At the commonwealth level there is the Disability Discrimination Act 1992 (NSW)  which promotes equal opportunity, rights and access for persons with disabilities. It may be that other legislation is also relevant such as employment or tenancy law. 

In these cases, you may need to advocate on behalf of or assist your client with a range of issues. For example:-

• You may need to give some advice around a discrimination issue.
• Your client may need a referral to some support services. 
• You may need to write a letter to advocate for some changes in the workplace.

Every client is unique: their legal issues, their circumstances and their needs are also unique. 

Whilst you need to know the law that applies in your case it is really important that you listen carefully to your client and clearly identify what it is that they need from you. Once you have done this you can work out what advocacy strategies will best meet these needs.