Legal Support and Representation
Civil Law and Human Rights Law Unit
The Civil Law and Human Rights Law Unit empowers the Aboriginal community by providing culturally secure legal advice and representation in:
- Coronial investigations and inquests
- Racial discrimination (including complaints in relation to overt differential treatment on the basis of race and the use of racial slurs)
- Police accountability (including complaints and/or civil action including personal injuries claims)
- Prisoners’ rights (including complaints and/or civil action in relation to serious incidents of poor treatment and discrimination)
- Young people in the justice system
- Government accountability (including complaints and/or civil action against the Public Transport Authority and other government agencies in relation to serious incidents of poor treatment and discrimination)
- False imprisonment (including claims for unlawful detention by police and prisons)
Staff from the Civil Law and Human Rights Law Unit are Perth based but provide a statewide service which includes outreach trips to regional areas on a regular basis.
Clients with special or complex needs are given priority, especially whose situations prevent them from representing themselves and where unfairness or injustice to them would result in the event we did not assist.
The Civil Law and Human Rights Law Unit also undertakes national and international human rights policy work and law reform.
Download a copy of the ALSWA Services pamphlet here.
If you would like copies of the ALSWA pamphlet sent to you, please email CLE@als.org.au.
Criminal Law Unit
Lawyers and court officers in ALSWA’s Perth Criminal Law Unit and in each of ALSWA’s regional offices provide a comprehensive range of criminal law services to clients in the Magistrates Court, Children’s Court, District Court and Supreme Court.
Advice and representation is provided for every type of court matter, including remands, bail applications, sentencing hearings, pleas of not guilty, jury trials and appeals.
ALSWA lawyers and court officers also visit clients in metropolitan and regional prisons as well as Banksia Hill Detention Centre.
ALSWA strives to provide a culturally secure legal service and where needed will inform courts of cultural matters and obligations, language and communication issues and customary law.
*ALSWA court officers are Aboriginal people who advise and act for Aboriginal and Torres Strait Islander Peoples in WA Courts under a certificate granted under section 48 of the Aboriginal Affairs Planning Authority Act 1972 (WA).
Family Law – Care and Protection
ALSWA assists parents or family members if child protection becomes involved. This could be when child protection are trying to remove a child or have already removed a child from a family. ALSWA can represent parents or family in the Children’s Court when child protection ask the Court to make a protection order for a child or can assist at pre-birth meetings if child protection are thinking about how to protect the baby.
Assistance may also be provided in Family Court child parenting matters, if capacity allows.
ALSWA helps family members come to an agreement that is best for the child/children without going to the Family Court (where possible) and can provide referrals to mediation services.
Conflict of Interest
A conflict of interest can occur if ALSWA is acting or has acted for another person involved in a legal matter. For example, a conflict of interest will usually exist if a client is charged with an assault on their partner and ALSWA is already acting for the partner in a child protection case. If this happens, ALSWA will try to refer the client to another legal provider.
Community Legal Education (CLE)
ALSWA strives to advance the legal rights of Aboriginal and Torres Strait Islander Peoples through its delivery of Community Legal Education (CLE) in Perth and regional WA.
ALSWA CLE focuses on community-led, plain language resources and the respectful sharing of legal knowledge to minimise legal problems and prevent negative contact with the justice system.
ALSWA welcomes enquiries about opportunities to participate in CLE activities. For more information please email CLE@als.org.au.