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The Family Law and CALD Communities Project

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Title: The Family Law and CALD Communities Project


1
  • The Family Law and CALD Communities Project
  • Community legal education in partnership with new
    and emerging migrant communities

2
Project Objectives
  • Primary objectives
  • Within a framework which respects cultural
    diversity and encourages dialogue about
    difference the project develops community legal
    education programs to
  • promote understanding of the Australian family
    law system among CALD communities
  • promote the ability of individuals to make
    informed choices
  • promote understanding of how to access and comply
    with the Australian legal system among CALD
    communities

3
Project Objectives
  • Secondary intended outcome
  • That the information shared by CALD communities
    regarding their own cultural, religious and legal
    backgrounds, their perceptions of the Australian
    legal system and concerns about accessing the
    Australian legal system be made available to
    legal practitioners, educators and policy
    officers to inform their work and enhance their
    capacity to work with CALD communities.

4
Why a dedicated project?
  • Divorce, property settlement, childrens living
    arrangements, family violence, child protection
    are all of community issues just as relevant to
    Australian community as a whole as they are to
    CALD communities.
  • Language barriers can be addressed through
    interpreters.
  • Well established ETU (3.5 FTE staff) responsible
    for training, publications, updating the Law
    Handbook Online.
  • SO WHY A SPECIALIST PROJECT?

5
Why a dedicated project?
  • Laws of countries of origin are often vastly
    different to Australias laws
  • Learning Australian law is but one issue that
    recent migrants refugees grapple with
    (settlement issues of housing, education,
    employment, language, dislocation, ongoing trauma
    etc.)
  • Ongoing networking and consultation with
    communities are vital yet time intensive

6
Why a dedicated project (cont)
  • Laws around marriage, divorce, children,
    property settlement, dowries/bride prices, family
    violence, child protection are often vastly
    different in other societies. Considering that
    new migrants confront multiple challenges
    (housing, education, language, employment,
    trauma, dislocation, separation from family,
    racism), understanding Australias laws is but
    one of many issues facing refugees, humanitarian
    entrants and other new migrants from new and
    emerging communities. CLE for new migrant
    communities is not about adding information about
    laws into a blank space. It is generally about
    untangling. New and emerging migrant community
    members are often surprised that laws they lived
    with/under do not only not apply in Australia,
    and that Australian laws will sometimes be
    completely opposite to the laws of their
    countries of origin or refuge.

7
Project Overview
  • Stage One Pilot Program
  • Project defined
  • High level sponsorship (Board of Commissioners,
    Director, Law Foundation)
  • Strategic partnership-Migrant Resource Centre
    Multicultural Communities Council
  • Funding for 0.5 FTE Worker (Law Foundation of SA)
  • Needs analysis
  • Research
  • Reference Group
  • Community Consultation
  • Education programs
  • Building relationships
  • Education methodology
  • Content (depends on individual community)

8
Reference group
  • Made up of representatives from key stakeholders
    Multicultural Communities Council, Migrant
    Resource Centre, Multicultural Sa, Migrant
    Womens Support and Accommodation Service,
    Survivors of Torture and Trauma Assistance and
    Rehabilitation Service, Family Court (SA
    Registry), SA Child Services (Families SA)
  • Reference Group supported project worker to
  • identify CALD communities with greatest need for
    family law information (metro based African,
    Asian and Middle Eastern communities)
  • foster communication relationships with
    priority communities
  • conduct consultations with priority communities

9
Community consultations
  • Consultations with 3 broad community groups (as
    identified by Reference Group - African, Asian
    and Middle Eastern communities)
  • Two critical outcomes
  • Projects understanding of community needs
    improved
  • Project gained trust credibility

10
Community consultationslogistics
  • Hosted at Migrant Resource Centre
  • Community leaders and ethno-specific community
    workers participated in the consultation (project
    revised communication methods)
  • Case studies to identify attitudes knowledge
    around family dynamics in Australia, marriage
    traditions, childrens issues, separation,
    divorce, property settlement, mediation, family
    violence
  • Seated in groups of 4-7 to discuss case studies
    one facilitator per group to clarify case
    studies/ explain Australian law/ record
    participants responses
  • NAATI accredited interpreters

11
Community consultations
  • Consultations held with aim of project learning
  • participants traditional means of dealing with
    family law situations, taking into account
    cultural, religious and community issues
  • current understanding of Australian family law
  • information needs of each community

12
Key findings
  • Many participants felt that
  • mainstream services do not respect and are not
    interested to learn cultural practices/experiences
    /beliefs of new and emerging migrant communities
  • mainstream services tend to group Asians,
    Africans or Middle Easterners homogenously,
    without thought for individual needs and
    complexities within groups the participants

13
Key findings
  • general distrust of government structures and
    fear of being judged, misunderstood and/or
    further victimised (Police, lawyers, counselling
    mediation services, complaints bodies)
  • community workers, leaders and members want to
    know and trust presenters/ educators/
    facilitators especially when dealing with
    sensitive topics like child protection and family
    violence
  • concern that mainstream services are keen to
    consult and collect information about CALD
    communities, but less enthusiastic to provide
    appropriate services after a consultation

14
Key findings
  • mainstream services must be aware that life in
    Australia is very different from life in a
    refugee camp (from household appliances used
    daily in Australia being new and unfamiliar, to
    health/medical practices), monitor our
    assumptions and prejudices
  • when help is needed in Australia an appointment
    is necessary (often an alien concept)

15
Key findings
  • hunger for factual, clear and relevant
    information on Australian laws, regardless of how
    these laws might contradict religious or cultural
    beliefs which is
  • delivered in participants own language (using
    interpreters)
  • presented by people who are sensitive to and
    respectful of participants culture and who have
    some understanding of the life participants left
    behind in their countries of origin

16
Building relationships
  • Education programs
  • Building relationships
  • Education methodology
  • Content (depends on individual community)

17
Education Program Methodology
  • Workshop form
  • Interactive, designed to match language skills
    and educational background of group
  • Accredited interpreters
  • Use of culturally appropriate fictional stories/
    case studies to identify legal issues and
    resolutions (foster privacy of group members by
    avoiding individual group members experiences)
  • Participants generate culturally traditional
    dispute resolution options and those available
    through Australian legal system

18
Stage Two Project Overview
  • Education programs continue
  • Increased staffing allows for more participatory
    models of CLE
  • Ongoing consultation (in CLE preparation and
    formal participant evaluation)
  • Publication of Legal Education Kit

19
What does the Project look like?
  • 3 person team designs and delivers customised
    legal education sessions on Australian Family Law
    to CALD communities in SA
  • 1 Legal Education Officer (1FTE)
  • 2 Bi-cultural administrative officers (1FTE)
  • Part of the Commissions Education Training
    Unit

20
Four case studies
  • Enough is Enough
  • Introduction to Australian Family Law - A
    workshop for Shia Muslim Religious and Community
    Leaders
  • Law for Interpreters Course
  • Liberian Womens Family Violence Forum
  • Introduction to Australian Family Law A
    workshop for African community members in
    partnership with the African Communities Council
    of SA (ACCSA)

21
Enough is EnoughThe Nile Family Goes to Court
  • Role play staged at the new Family Law Courts
    during Law Week 2006, in partnership with the
    Family Law Courts Adelaide Registry staff and
    African community workers and leaders .

22
Enough is Enough
  • Demonstrated various stages of the Family Law
    System, through the experiences of a fictional
    family of Liberian humanitarian entrants
    marriage breakdown traditional marriage
    counselling by community elders intervention by
    a Liberian problem-solving committee compulsory
    Family Court Mediation and Interim Hearing which
    culminated in interim orders.

23
Enough is Enough
  • Background
  • CALD Project represented on the African Families
    and Communities Group and worked closely with
    Family Law Courts (SA/NT Registry) staff on their
    Harmony Partnerships Programme
  • Law Week an opportunity to engage African
    communities in family law education

24
Enough is Enough
  • Needs analysis with African community workers and
    leaders revealed
  • Male is traditional head of family (including
    bread winner) but common in Australia for role
    reversal common to take place as women often find
    paid work and become the financial provider while
    males may struggle to find suitable employment
  • Females are often overloaded with both domestic
    chores on top of external work
  • Males often feel powerless in Australia
  • African women call on services to educate their
    men about law and society in Australia
  • Family violence of major concern to African women
  • Bride price and its effect on separation,
    divorce, property settlement and children
  • In many African cultures children over 2yo
    remain with the husbands family in the case of
    divorce

25
Enough is Enough
  • Choosing the learning method
  • African culture is predominantly an oral/story
    telling culture with printed material having
    limited impact
  • Therefore theatre education useful

26
Enough is Enough
  • Cast of African community workers and leaders
    contributed to the script which ensured that
  • The scenario was familiar and topical
  • Appropriate language and cultural practices were
    showcased (e.g. Liberian problem solving
    committee)
  • Cast learnt about the Australian family law
    system (high impact considering their high
    community status)
  • Their communities attended the event

27
Enough is Enough
  • Play DVD excerpt
  • Note audience participation

28
Workshop with Shia Community and Religious Leaders
  • Background
  • Invitation from DIMA to educate Shia religious
    and community leaders on Australian marriage and
    divorce laws
  • In response to May 2006 DIMA consultation with
    Shia Imams who inferred that marriages and
    divorces are solemnized in South Australia by
    Imams in accordance with Sharia, but without
    satisfying the Marriage Act or Family Law Act

29
Shia Community and Religious Leaders
  • The CALD Project conducted a needs analysis with
    community leaders from the two major Shia
    nationality/ethnic groups in SA the Iraqi and
    Hazara Afghan groups

30
Shia Community and Religious Leaders
  • Learning objectives devised with the community
    leaders before workshop
  • understand how to complete a legally valid
    marriage in Australia
  • know the options available for resolving family
    relationship problems (via legal/ courts system
    and other)
  • understand how to divorce in Australian (plus
    difference between divorce property settlement)
  • understand the options (via legal system other)
    available to settle care of children upon
    separation
  • understand the basic principles of the FLA in
    relation to children
  • understand that family disputes do not inevitably
    have to end in court system (i.e. most families
    make private agreements )
  • know where to get legal advice, assistance
    representation

31
Shia Community and Religious Leaders
  • Workshop learning method adopted, using story
    telling scenarios
  • See Shia Workshop PowerPoint handouts from page 2.

32
Law for Interpreters Course
  • The Commission partnered TafeSA Interpreters
    Preparatory Course to work with interpreting
    students from new and emerging migrant
    communities
  • Access to justice for new and emerging migrant
    communities impossible without good quality,
    reliable and accredited interpreters

33
Law for Interpreters Course
  • Alarming fall off rates of NE community
    interpreters
  • poor pay for legal interpreting jobs
  • NE communities interpreters often fled countries
    of origin due to legal system/ government
  • vastly different legal systems, court procedures,
    legal concepts terms (standards of proof etc.)
  • Infrequent work equals drop in skills and
    confidence
  • After listening to students fears/concerns the
    project placed emphasis on practical, action
    based learning
  • Designed and facilitated moot court workshops for
    the course

34
Law for Interpreters Course
  • Partnership between TafeSa, Commission SA
    Courts Administration Authority
  • Simulated exercises such as the mock trials (with
    magistrate generously participating) are crucial
    from a training perspective and particularly
    critical for prospective interpreters, many of
    whom had bad experiences with the justice system
    in their countries of origin.
  • New initiative being developed in partnership
    with SA state courts to do follow up training and
    development for NE community interpreters

35
Liberian Womens Forumon Family Violence
  • Previous workshop concept driven some
    consequent confusion and concern
  • Practical information delivered via concrete
    examples
  • In partnership with SAPOL
  • Monthly sessions scheduled for next 3 months

36
African Communities Council SA Intro to
Australian Family Law
  • What not to do!
  • Workshop prepared in response to ACCSA invitation
  • Poor attendance by African community
  • No partnership between project and attendees
  • No pre-workshop consultation with attendees or
    leaders
  • Insufficient relationship between community and
    Project

37
What we have learned
  • What closed doors can participatory CLE open for
    new and emerging migrants?
  • Empowering through participation and quality
    informtaion removes misconceptions and thus
    reduces fear, promotes a sense of welcome,
    belonging, healing in Australia
  • Building CALD community members trust in
    institutions (police, legal aid, complaints
    authorities such as HEREOC) promotes a sense of
    safety and thus empowers
  • When new and emerging migrant community members
    discover that most traditional practices
    co-exist with Australian law allows for full
    self expression of their religious and cultural
    identities very powerful part in the
    resettlement for people who are often still
    dealing with trauma

38
What we have learned
  • Credibility
  • Get out of the office into the community to meet
    people on their own ground.
  • Build trusting relationships. Foster trust
    throughout the CLE process.
  • Ask for feedback and keep checking that what
    youre delivering is what the community actually
    wants and needs
  • One size does not fit all be mindful of
    diversity of cultural practices, religious
    beliefs, language barriers between and among
    community groups.

39
What we have learned
  • Acknowledge
  • Be upfront - the Australian family law system is
    one of many family law systems throughout the
    world and is not inherently any more sensible or
    fair than any other
  • Speak to commitments not concerns

40
What we have learned
  • Participatory
  • Have the CLE be community driven and
    participatory
  • View CLE process as a loop or holographic do
    not think of the final session as the outcome or
    the moment of CLE
  • Family law is an excellent place from which to
    build a bridge to the Australian legal system and
    laws in general

41
What we have learned
  • Relevant and useful
  • Many people perceive the law as boring and
    irrelevant to their lives of problems. Ensure
    the CLE content is practical and relevant. That
    it relates directly to the community members
    lives and addresses their immediate needs. Use
    concrete examples.
  • Have participants use their own knowledge base.
  • Use the language of the community (you will only
    know this from strong community participation in
    the CLE development).

42
What we have learned
  • Utilise existing structures, work in partnership
    and pool resources (successful workshops other
    events stem from partnership)

43
Practice Example small groups
  • Case Study
  • You are a legal educator in a community legal
    centre. You are contacted by a community worker
    from a local community organisation funded to
    provide settlement support to new migrants.
  • The community worker notices that many of his
    African clients physically discipline their
    children, often hitting them with sticks. The
    community worker is concerned for the children
    and worried about legal consequences for the
    parents.
  • The community worker tells you about a Liberian
    family whose 12 year old son is having difficulty
    in school. He is receiving negative reports and
    getting into fights with other children and being
    disruptive. The school has told the parents and
    the parents are upset. They migrated to give
    their children a better life. Negative reports
    from school are viewed extremely seriously. The
    father attempts to remedy the situation. He
    disciplines the boy physically, with a stick.
    The school principal becomes aware of this
    incident and tells the parents he has made a
    mandated notification to Child Services. The
    parents are fearful the government will take
    their child away from them.
  • The community worker tells you that this familys
    experiences and fears are not uncommon. He asks
    you to provide community legal education around
    child protection for his organisations African
    clients.
  • Describe how you would develop this community
    legal education.
  • You may wish to consider
  • How would I conduct a needs analysis?
  • How would I define any behaviour changes that
    people want to achieve from the process?
  • What content should be included?
  • What learning methods should I use?
  • How can I make the process participatory?

44
Where to from here?
  • Ethnospecific educators
  • Continual project evaluation
  • Knowledge sharing/ Legal Education Kit
  • A new project title?!

45
Project Contact Details
  • Kate Howard
  • Legal Education Officer
  • Legal Services Commission of SA
  • howard.kate_at_saugov.sa.gov.au
  • (08) 8463 3396
  • GPO Box 1718 ADELAIDE SA 5001
  • www.lsc.sa.gov.au

46
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