About ALSWA

The Aboriginal Legal Service of WA Limited (ALSWA) is a not for profit organisation which provides legal representation and support services for Aboriginal and Torres Strait Islander Peoples in Western Australia.

ALSWA plays a vital role within WA’s justice system, working in collaboration and partnership with communities and key government and non-government partners to rectify legal policies and practices that impact adversely and disproportionately on the legal and human rights of WA’s First Peoples.

ALSWA is governed by a Board of Directors who are all Aboriginal.

The cultural values of Care, Share and Respect form the foundation of ALSWA and underpin ALSWA’s commitment to clients, families and communities.

ALSWA’s Executive Management Team is responsible for the day to day management of the organisation, its staff and twelve regional offices.

Embracing a human rights based approach, ALSWA’s professional and culturally appropriate service delivery model ensures that Aboriginal and Torres Strait Islander peoples feel comfortable accessing the service, which has been acknowledged with a National Human Rights Award.

ALSWA is a public company limited by guarantee registered with the Australian Securities and Investment Commission. ALSWA is also a public benevolent institution registered with the Australian Charities and Not-for-profits Commission.

ALSWA remains indebted to the tireless work of the Justice Committee of the New Era Aboriginal Fellowship Inc during this time.

 

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.

 

Criminal Law – Perth Criminal Law Unit and ALSWA regional offices

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 and Child 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.

 

Additional ALSWA Services

Bail Support Service (BSS) and Prison In-Reach Program (PIR)

The objective of this program is to reduce avoidable remand by providing eligible clients earlier access to bail through the provision of bail support and prison in-reach legal services, and supporting accused persons to comply with bail conditions and undertakings.  The BSS/PIR operates in Perth for clients who are appearing in the Perth Magistrates Court and in Broome for clients appearing in Broome and Derby Magistrates Court.

More information about the BSS program can be found in the BSS pamphlet below;

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 welcomes enquiries about opportunities to participate in CLE activities.  This service operates out of ALSWA’s Perth based Community Engagement Unit.

 

Law Matters Radio Program

Since 2010 ALSWA has produced and presented the fortnightly ‘Law Matters’ radio program, broadcast through Perth’s 100.9FM Noongar Radio and the National Indigenous Radio Service (NIRS).  Click here to listen to archived programs broadcast between 2010 – 2020

 

Media and Public Relations

ALSWA plays an active role in advocating and speaking out about the complex issues facing Aboriginal and Torres Strait Islander Peoples within the justice system. ALSWA services are widely promoted to ensure that community members have easy access to important legal information.  This includes promotion on ALSWA’s website, Facebook Page, radio program and other networks.

Media Enquiries should be directed to ALSWA’s Media and PR Manager within the Community Engagement Unit and contact details can be found on the ALSWA website.

 

Custody Notification Service (CNS)

This phone service is for Aboriginal and Torres Strait Islander people in WA who are detained by WA Police in a police facility.  The CNS commenced operations in October 2019 and operates 24 hours a day, every day of the year.

WA Police phone the CNS and speak with a rostered CNS lawyer and/or support worker, who then undertakes a thorough welfare check and provides legal advice (if relevant) to the person in custody. The aim of the CNS is to reduce the number of preventable deaths in custody and deliver better justice outcomes for WA’s Aboriginal community.

More information about the CNS program can be found here 

Work and Development Permit (WDP) Service

ALSWA, the Department of Justice and Legal Aid WA is working in partnership to operate the WDP Scheme which was established to help people who are experiencing difficulty paying court fines, due to hardship.  Under a WDP, an eligible client can undertake approved activities under the supervision of a sponsor, to reduce or even clear the amount owed.  ALSWA’s WDP Service can assist clients by linking them with an approved sponsor and providing advice about the status of their outstanding fines.  Community-based organisations wishing to support the scheme can also seek support and advice from the WDP Service.

 

Youth Engagement Program (YEP)

ALSWA’s Youth Engagement Program Diversion Officers can assist young people who are appearing in the Perth, Broome, Derby, Kununurra, Wyndham and Halls Creek Children’s Courts by providing support and referrals to enable young people to comply with court orders and improve their wellbeing.  The types of assistance include accommodation, education/training, substance abuse, health, family issues, Centrelink and ID, transport, and support for youth justice related appointments. YEP operates across four sites: Perth, Broome, Kununurra and Halls Creek.

 

ALSWA gratefully acknowledges the support and financial assistance of the Commonwealth Department of the Attorney General (for legal services funding),  the National Indigenous Australians Agency (for the CNS and YEP Expansion Project) and the WA Department of Justice (for the CNS, BSS/PIR, WDP Service and YEP Metro and YEP West Kimberley).

How Does ALSWA Work

Criminal Law

Family Law

Civil Law and Human Rights

Law and Advocacy

Services for Prisoners

Community Legal Education and Law Reform

Use of Private Lawyers

How does ALSWA work?

The Aboriginal Legal Service of Western Australia(Inc.)(ALSWA) provides legal representation and support services for Aboriginal and Torres Strait Islander peoples in Western Australia, including advocating in policy and law reform in submissions, at conferences and in the media.

ALSWAis funded by the Australian Government, through the Commonwealth Attorney General’s Department. The contracts between ALSWA and the Australian Government determine what work ALSWA must do.

The “boss” of ALSWA is the Executive Committee, made up of Aboriginal peoples from throughout Western Australia. Representing different regions of the State, each member is elected by his or her local Aboriginal and Torres Strait Islander community. You can apply to vote, or to nominate yourself for the Executive Committee, through your local ALSWA office.

ALSWA has a Senior Management Team, made up of the Chief Executive Officer (CEO), Executive Officer (EO) and the Director of Legal Services (DLS) who are responsible for making ALSWA function properly.

As well as the Perth office there are 17 regional ALSWA offices located in Albany, Broome, Bunbury, Carnarvon, Derby, Fitzroy Crossing, Geraldton, Halls Creek, Kalgoorlie, Kununurra, Laverton, Meekatharra, Newman, Northam, Roebourne, South Hedland and Warburton.

These offices provide ALSWA criminal law, family law and civil and human rights law work in the country and have access to the resources of the Perth office as required.

There are also administrative staff in different roles, with all staff working together to make sure that the work done by ALSWA runs smoothly.

ALSWA has been striving for justice for Aboriginal and Torres Strait Islander peoples in Western Australia for over 30 years.

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Criminal law

ALSWA provides a duty service at many metropolitan and country courts, which includes bail hearings, remands and pleas. ALSWA also provides representation in the District and Supreme Courts

There is a legal advice service during weekday office hours. In emergencies, legal advice can also be provided by phone after hours.

Lawyers and Court Officers visit prison and juvenile detention centres to provide prisoners with legal advice and also represent people in trials or appeals.

ALSWA criminal law staff make sure the criminal courts know about cultural matters that apply, such as communication styles and tribal punishment.

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Family law

ALSWA provides legal advice during weekday office hours for most Family Law issues, including parenting orders, financial/property orders, child support and divorce, and representation mainly in relation to parenting orders. Lawyers also represent parents in protection proceedings in the Children’s Courts throughout WA.

ALSWA family law staff make sure courts that deal with family lawand protection issues know about cultural matters that apply, such as communication styles, how children are raised, and the importance of children and family in Aboriginal and Torres Strait Islander cultures.

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Civil law and Human Rights

ALSWA provides legal advice in a wide range of civil law and human rights matters, including discrimination, compensation for injury, police complaints and wills. ALSWA also assists with enquires about the Stolen Generation and Stolen Wages. During weekday office hours our lawyers take instructions and manage files.

PLEASE NOTE: Work in Criminal, Family, Civil and Human Rights Law can only be done if the case fits within ALSWA’s contract with the Australian Government and if ALSWA has staff available to help. If your case is not this type, ALSWA staff will refer you to another service for help.

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Law and Advocacy

The Law and Advocacy Unit advocates for improved social justice outcomes for Aboriginal and Torres Strait Islander peoples living in WA through policy and law reform, community legal education, media, human rights and other project activities funded by the Commonwealth Attorney-General’s Department.

Services for Prisoners

ALSWA’s Law and Advocacy Unit is funded to provide support to incarcerated Aboriginal and Torres Strait Islander adults and juveniles in Western Australia. This includes visiting men, women and children in prisons and juvenile detention centres, assisting their families by developing relationships with the Department of Corrective Services staff and external agencies to assist in the through care of Aboriginal and Torres Strait Islander prisoners in their integration from prison to the community.

Community Legal Education and Law Reform

ALSWA’s Law and AdvocacyUnitis funded to advise Government and mainstream organisations about law and justice issues that affect Aboriginal and Torres Strait Islander peoples living in Western Australia. Through this ALSWA works towards advancing the legal rights of Aboriginal and Torres Strait Islander peoples at local, state, national and international levels. This includes writing policy submissions, issuing press releases, conducting community legal education and empowering Aboriginal and Torres Strait Islanders in Western Australia through human rights and advocacy training.

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Use of private lawyers

If ALSWA cannot assist with a person’s Criminal, Family, Civil or Human Rights Law case, and no other service is available, then ALSWA can pay for a private lawyer if the case fits within ALSWA’s contract with the Australian Government and if ALSWA has enough funds to pay for it.

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