ANNUAL REPORT 2015 – 2016 - elcwa.org.au · ANNUAL REPORT 2015 – 2016 ... ELC is committed to...

ANNUAL REPORT

2015 – 2016

Advice Line 1300 130 956 or 08 9227 0111 www.elcwa.org.au

The Employment Law Centre of WA (Inc.) acknowledges that we work and live on Aboriginal land, traditionally the home of the Whadjuk people of the Noongar Nation.

We pay deep respect to Elders past and present.

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The Employment Law Centre of WA (Inc.) (ELC) acknowledges the generous support of our funding agencies in 2015/16:

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CONTENTS

CONTENTS .............................................................................................................................................. 3

Chairperson’s Report ................................................................................................................................ 4

Our Purpose ............................................................................................................................................. 6

Our Values ................................................................................................................................................ 6

Our Strategic Objectives ........................................................................................................................... 6

Our Organisational Structure .................................................................................................................... 7

Our People ............................................................................................................................................... 7

Our Clients ................................................................................................................................................ 8

Our Services ........................................................................................................................................... 10

Advice Line ............................................................................................................................................. 11

Further Assistance .................................................................................................................................. 15

Community Legal Education .................................................................................................................. 16

Contribution to Community and Sector Development ............................................................................ 19

Law Reform ............................................................................................................................................ 19

Trends ..................................................................................................................................................... 20

Social Return on Investment Research Project...................................................................................... 21

Volunteers and Pro Bono Support .......................................................................................................... 22

Funding ................................................................................................................................................... 23

Thank You! ............................................................................................................................................. 25

2015 /2016 Financial Report .................................................................................................................. 27

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Chairperson’s Report

The past 12 months has been one of huge change for the Employment Law Centre (ELC); up’s and downs, comings and goings, and new opportunities. A shift in government priorities for funding; at both State and Federal level, put immense pressure on the Board of Management and our Staff to adjust our service delivery, ensure service quality was maintained, and minimise any negative impact for our clients. It has been a difficult yet effective time for ELC; staff, volunteers, Board, and supporters. The frustration, disappointment and stress caused by external forces pales to insignificance compared with the commitment, positivity and collegiality that is team ELC!

As always, much to our chagrin, funding is always on trend and on topic. The WA Government discontinued funding through the Department of Commerce (DoC) as at 30 June 2015 thus ending a long term, highly successful and collaborative working relationship. The WA Attorney-General provided a last minute reprieve approving funding that was equivalent to one third of what we had previously received through DoC, to be administered through Legal Aid WA. However, the harsh reality is that the State Government has not committed to funding ELC beyond 30 June 2016.

The Board and Staff continue to explore every opportunity to acquire a primary source of ongoing funding; having a secure funding base to provide the infrastructure needed to provide a base service and meet our compliance responsibilities allows us to seek supplementary funding to enhance the breadth and diversity of services we can offer. A secure funding base also allows ELC to explore more innovative ways to generate income and remain viable. ELC continues to be a strong return of investment for government; returning far in excess of ‘a dollar for a dollar’ through its pro bono and volunteer services. ELC also has 15 years of building close working relationships with other community services providers to ensure we adapt our services to meet the greatest needs in the community.

ELC explored several options to create income and lessen our reliance on government funding. However, community services for the most disadvantaged and vulnerable are not a core precept of commercial success. Several initiatives have been investigated over the past couple of years; including fee for service. However, the people and organisations we exist to benefit, are least able to pay for a service. Further, the resources required to operate an income generating stream of service delivery creates a dilemma by reducing those available to meet the needs of the most vulnerable. ELC is also mindful that our professional networks contribute approximately $800,000 per annum in pro bono and volunteer services, and some options for generating revenue would be in direct competition with our pro bono partners. The legal profession’s commitment to social justice through its pro bono contribution is exemplary, and ELC is a grateful recipient.

ELC believes there is a responsibility for government to support those less able to support themselves. ELC strives to maximise its effectiveness by working in collaboration with community, government and commercial practice. The consequential advantages of well supported community services benefit our communities far beyond the initial investment from government.

Some good news. We were delighted (and equally sad) to farewell our brilliant Principal Solicitor Toni Emmanuel in March 2016. Toni left us to take up a well deserved appointment as a Commissioner of the WA Industrial Relations Commission. Toni built up a highly reputable professional practice over her 9 ½ years as the supervising solicitor of a team which grew to 40 lawyers, secondees and volunteers. We feel enormous pride in the recognition that this appointment embodies for both Toni and for ELC. Accolades also go to Michael Geelhoed who was awarded the 2016 WA Law Society’s Lawyer of the Year (practitioners with less than five years’ experience).

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Participation in the paid workforce is increasingly promoted as a measure of cultural achievement and contribution, and that participation is tested by an increasingly complex maze of employment law and labour relations dos and don’ts. ELC aims to promote, advocate and build ‘cultural literacy’ whereby current and potential employees and employers can access information and tools to assist their participation in the workforce economy.

It has been an utter delight and an honour to work with my distinguished Board colleagues: Tim Dymond, Emma Douglas, Nick Ellery, Bob Horstman, Michele Lord, Brendan McCarthy, and Dustin Rafferty. The Board has provided steadfast leadership through uncertain times and remained united, inspirational and supportive.

We also extend our genuine thanks to our Members, supporters and service partners who contribute to and share in our success.

Let us also not forget our primary reason for existing – our clients. People who work hard and are faced with unexpected issues at work. It is essential that organisations like ELC exist to support them through the legal process and restore their capacity to get back on track.

The final and most worthy recognition goes to our remarkable staff team. While there have been numerous changes over the 12 months, the calibre of the services they deliver remains exemplary. Our most sincere thanks go to:

• Sara Kane, Manager (parental leave from February 2016)

• Tony Cooke, acting Manager (from January 2016)

• Toni Emmanuel, Principal Solicitor (parental leave to November 2015, resigned March 2016)

• Anna Creegan, acting Principal Solicitor (to November 2015)

• Michael Geelhoed, Solicitor (to March 2016).

*Appointed Principal Solicitor March 2016

• Jessica Smith, Solicitor (parental leave from September 2015)

*Appointed Principal Solicitor March 2016

• Sally Burston, Bookkeeper, and

• Our legal and support team of Elisha Butt, Camilla Becerra, Justine Whittle, Emily Durack, and Kosta Lucas.

Cecily Montgomery Chairperson

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Our Purpose

To help vulnerable employees understand and enforce their rights at work through high quality legal advice, assistance, representation, education and law reform.

Our Values

• Quality

• Integrity

• Accessibility

• Advocacy

• Social justice

Our Strategic Objectives

1) Governance and organisational structure:

High quality and ethical governance, operating systems and structure.

2) Staff and volunteers:

A full complement of high quality, satisfied, well trained staff and volunteers.

3) Service delivery:

Accessible, high quality legal advice, representation, assistance, education, information and law reform advocacy for vulnerable employees.

4) Financial and organisational sustainability:

Adequate resources to carry out our work while maintaining our integrity as a social justice organisation.

5) Relationship and partnerships:

Effective, positive relationships that contribute to our purpose.

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Our Organisational Structure

Our Organisational Structure defines the accountability and reporting relationships.

Our People

We acknowledge and thank our Board of Management for providing leadership and governing the organisation through another successful year:

Chairperson: Cecily Montgomery

Secretary: Tim Dymond

Treasurer: Dustin Rafferty

Board Members:

Emma Douglas

Nick Ellery

Bob Horstman

Michele Lord, and

Brendan McCarthy.

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Extra special thanks must go to our expert and industrious team of professionals who have met the challenges of delivering quality community legal services within resource constraints.

Staff (L-R): Sara Kane (Manager), Toni Emmanuel (Principal Solicitor), Anna Creegan (A/Principal Solicitor), Jessica Smith (Senior Solicitor/Principal Solicitor), Michael Geelhoed (Solicitor/Principal Solicitor)

Camila Becerra (Law Graduate), Elisha Butt (Restricted Solicitor), Justine Whittle (Restricted Solicitor), Emily Durack (Officer Coordinator), Sally Burston (Bookkeeper). Absent from photo line up: Tony Cooke, Kosta Lucas.

As at 1 July 2015, ELC paid staff composition had reduced from 7 full time equivalent (FTE) to 5.5 FTE positions in response to the reduction in funding.

Our Clients

The ELC Rules of Association Objects include the provision of legal services to the community who may face barriers in obtaining equitable access to justice. Our funded service delivery model adapts to satisfy our Objects and to also meet the criteria of the particular programs under which we are funded.

ELC is committed to providing a transparent and equitable process for clients to access our services.

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To ensure we meet the needs of the most vulnerable and disadvantaged in the community and maximise our limited resources, ELC implements a methodical client eligibility assessment. Callers undertake an initial assessment to establish their eligibility to receive telephone advice, and we reassesses each client circumstance for access to more comprehensive legal assistance. The assessment considers the caller’s income in the previous 12 months and a range of other priority markers of vulnerability; including:

• low income and/or are the sole income provider for their household and/or have dependants

• are in an identifiable group of disadvantage such as young people, older workers, people with disabilities or mental health issues, people located in rural, regional and remote areas, migrant workers, people experiencing or at risk of homelessness, and Aboriginal and/or Torres Strait Islander peoples

• have a diminished command of English (either educationally or because English is not their first language)

• have little or no understanding of the Australian industrial relations systems; and

• are not union members.

A statistical summary of who were our clients in 2015-16:

• 63% of callers had an annual income of less than $51,000, of which 23.5% earned less than $25,000 per year

• 22% were from non-English speaking backgrounds

• 5% identified as Aboriginal or Torres Strait Islander

• 40% had dependants

• 9% had a literacy issues, and

• 21% lived in a rural, regional or remote area.

Clients come to us by referral from a number of other service providers.

Fair Work Commission and

Fair Work Ombudsman (combined)

37%

Community Legal Centres

22%

Legal Aid WA 12%

ELC website / Internet

16%

Word of Mouth/Friend

9%

Wageline/Dept of Commerce

4% Client Referrals

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Our Services

ELC is the only statewide specialist employment law community legal centre (CLC) in WA, and we have been providing services to the community for over 15 years.

ELC provides free, employment law advice, education, advocacy, representation, information and referrals to vulnerable, non-unionised employees in WA.

ADVICE LINE Statewide telephone advice

service.

Supervised by Principal Solicitor. Delivered by

paralegals and law graduates.

FURTHER ASSISTANCE & REPRESENTATION Supplementary legal assistance: complex legal advice,

assistance to draft documents and letters, preparation for hearing, and legal representation.

Criteria for assistance based on level of vulnerability, merit of case & capacity of solicitor to assist.

Supervised by Principal Solicitor. Delivered by ELC and Pro Bono Solicitors

EVENING LEGAL SERVICE After hours/evenings. 40 mins complex legal advice, assistance

to draft documents and letters, preparation for hearing.

Supervised by Principal Solicitor. Delivered by volunteer solicitors

COMMUNITY LEGAL EDUCATION & LAW REFORM

Self help information, kits, fact sheets and publications.

Community, conference & organisation education sessions

Outreach: metro, rural, regional and remote Submissions to government consultation &

enquiries

Supervised by Principal Solicitor. Delivered by Solicitors, Manager and Secondees.

COMMUNITY & SECTOR DEVELOPMENT Conference coordination committees. Industry & professional development

committees Community capacity building: professional

mentoring and support, training and resourcing community legal service providers, community

organisations and government agencies. Networking & referral relationships.

Delivered by Manager, Principal Solicitor and Solicitors.

We assist with issues such as:

• unfair dismissal; • adverse action; • unlawful termination; • underpayment of entitlements;

• breach of contract; • bullying; • equal opportunity; and • occupational safety and health.

We provide community legal education and training to promote a better understanding of this complex area of law. ELC also contributes to relevant law reform issues.

Our client experiences inform our service priorities and influence our CLE and law reform activities.

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21% of our callers live in a RURAL, REGIONAL or REMOTE LOCATION

Advice Line

ELC operates a statewide telephone Advice Line providing legal advice to callers in relation to matters of employment law. This is the public access way to ELC.

During 2015-16, ELC assisted 2980 callers to its Advice Line which represents a 12% reduction in service outputs.

However, this is an extraordinary accomplishment as ELC experienced a 39% reduction in funding and a 28% reduction in staffing for the same period.

ELC apply our resources to find the best possible ways for people to access our services by:

• taking direct referrals from partner organisations

• implementing call management and web technology to assist those able to ‘self help’

• providing referrals to relevant agencies; and

• delivering online resources such as the InfoGuide, fact sheets, information kits and films.

Most callers are not aware of the dual workplace relations system in WA. It takes time with each advice call to determine which jurisdiction they are covered by before providing the relevant employment law advice. Given that ELC assists between 1,400 and 2,000 callers every six months and the potential for incorrect claims, ELC saves both the State and Federal governments millions of dollars each year in avoiding incorrect, unmeritorious or vexatious claims.

Funding down

30%

Advice Line calls down 12%

28% cuts to staff hours

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Stage of Contact

It is encouraging that 60% of callers contact ELC within 2 weeks of their employment issue occurring; especially given that 36% of those callers had limitation periods under 21 days. A further 38% had a six year limitation period which directly reflects the common issues callers seek assistance with; being termination, general protections and entitlement claims.

39% contact ELC within the 1st week of the employment issues arising

60% contact ELC within 2 weeks

12 % contact ELC between 2 and 4 weeks

16% contact ELC between 1 and 3 months

12% contact ELC more than 3 months after their employment

issue arose

Employment status

Full time Part time Casual Unknown

73% of callers said they had a written employment contract

Only 2% of callers stated they were employed under a Modern

Award

21% said they had a verbal contract

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Unfair dismissal enquires; as a proportion of the total issues cited, remain steady with nearly 25% of calls relating to an unfair dismissal matter. The prevalent top 10 issues were:

Our clients work across several industries:

Adverse Action and Unlawful

Termination 12%

Bullying 4%

Contract 10%

Dismissal 25%

Discrimination/ Equal Opportunity

9%

Minimum Entitlements

7%

Payment 6%

Notice Period 5%

Other 17%

Redundancy 5%

Health & Community

Services, 15%

Hospitality & Retail , 22%

Property/Business, 10% Construction &

Mining, 18%

Other, 35%

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And our clients work across a range of occupations including:

• Sales, Retail & Personnel 11%

• Hospitality 5%

• Cleaners 4%

• Administrators 13%

• Care Workers 4%

• Professional 11%

• Labour related 14%, and

• Managers 11%.

Advice Line Case Example

Advice Line Client Satisfaction

ELC surveys a proportion of Advice Line callers to ensure quality assurance, and these survey results consistently return extremely high (>95%) satisfaction levels. The most frequent complaint received is with the delays experienced trying to have calls answered.

ELC still considers the Advice Line and the website resources are the most effective means to reach as many employees as possible and encourage clients to advocate for themselves.

“Maria” had been working for her employer as an administrative assistant for close to 3 years; earning approx $30,000 pa. Maria usually came to work 15 minutes before her agreed start time but started coming in 5 to 10 minutes early instead. Her boss confronted her about this and told her that if she didn’t start coming in 15 minutes early again, he would cut her pay. Maria felt very stressed and anxious about what her boss had said to her. She did not sleep well and had a migraine. She asked her partner to call in sick on her behalf. Half an hour after her partner called in sick, her boss sent her a text message dismissing her. Maria called her boss to clarify the situation but he insisted that her employment had been terminated. Maria was referred to ELC by the Fair Work Commission. We provided her with some telephone advice over our advice line. Maria rated our advice as “Very Satisfactory” saying she felt much better knowing what her options were.

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Further Assistance

Some clients may be assessed as particularly vulnerable or disadvantaged and eligible for “further assistance”. Further assistance is providing more detailed and comprehensive legal advice to draft letters and documents and prepare for hearings and conciliation. Assistance may be provided by an ELC staff solicitor or by a member of our extensive pro bono legal services network.

Further assistance is typically undertaken with clients who:

• have a first language other than English;

• have a complex legal problem;

• need written material to be reviewed or drafted; or,

• need assistance drafting court documents.

In 2015-2016, ELC provided 455 Further Assistance services.

Satisfaction among clients receiving further assistance was very high with the average client satisfaction rating being 4.83 out of 5 (with 5 being the highest).

As capacity allows, ELC also provides legal representation.

Snapshot of a Further Assistance matter

“Jennifer* is a single mother who was working as a hairdresser in a regional area. She had been working for her employer for about 3 years and was earning less than $35,000 per year.

Jennifer’s boss started asking her to perform lots of additional tasks on top of her usual duties because the employer was short staffed. Jennifer asked if she could have a pay rise of $1.50 an hour to reflect those additional duties. She was dismissed on the spot.

Jennifer was referred to us by another WA community legal centre. ELC provided her with some initial advice on our Advice Line and then offered her an in house solicitor appointment, in which she was given more comprehensive advice on the claims that were available to her, and the merits of those claims.

ELC then drafted a general protections claim for Jennifer, which she lodged with the Fair Work Commission.

Jennifer said that “every [ELC] staff member has been very helpful, professional & reassuring through th ti ”

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Community Legal Education

In addition to direct service provision to clients, ELC provides extensive Community Legal Education (CLE), training and support for other CLCs and community services to support them to provide initial assessment and basic assistance to their clients who may also present with employment matters.

The ELC CLE Program is largely supported by funding through the Law Society of WA: Public Purposes Trust which prioritises CLE for communities in rural regional, and remote WA.

“Zoe” is 15 years old and lives in regional WA. She was a casual employee at a fast food outlet and earned less than $10 an hour.

She had been working for her employer for over a year when she noticed that some money had been deducted from her pay. Zoe’s boss had previously threatened to deduct money from employees’ pay when the till was out. Zoe emailed her boss about the deduction. Later that night, Zoe received an email from her boss stating that her employment was terminated.

Zoe was referred to ELC by another WA community legal centre. ELC gave Zoe some initial advice over our advice line, provided further assistance through an in house solicitor appointment, and eventually represented her in bringing a claim against the employer in an industrial tribunal. ELC assisted Zoe to negotiate a settlement outcome with the employer.

With ELC’s help, Zoe was able to settle her claim against the employer for approximately 15 weeks’ pay.

Zoe and her mother were very grateful for ELC’s assistance, support and guidance.

Note: This client was employed by a State system employer. As ELC no longer receives State funding and unable to use Commonwealth funds to provide services to State based employees, we would not be able to assist this client now if she contacted us with the same circumstances

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ELC considers CLE as a means to:

• educate the broader public through easy to access, plain language resources

• educate and assist vulnerable employees such as young people, migrant workers, RRR employees, prisoners, and people with disabilities

• promote ELC’s services and CLE to other not for profit organisations that provide support services to vulnerable employees; particularly services supporting Aboriginal and/or Torres Strait Islander employees, migrant workers and workers with a disability

• ensure ELC staff and volunteers are highly trained in employment law and client management

• recruit, educate and support partner organisations, including politicians’ electoral staff; and,

• build the capacity of RRR community legal centres by maintaining relationships and building their employment law knowledge; expanding on previous CLE training provided.

In 2015-16 ELC provided nearly 150 CLE activities including a large number of presentations, training sessions and radio interviews on your rights at work, an overview of employment law in WA, and ELC services. We delivered CLE sessions to:

• migrant workers and recently arrived migrants

• Centrelink job seekers

• people with disabilities

• Aboriginal communities and individuals

• young people

• staff of other community legal centres, particularly those in rural, regional and remote areas

• members of the public in rural, regional and remote areas

• members of the Perth Freedom Network (organisations striving to combat human trafficking; ELC is also a member)

• parliamentarians’ office staff

• government agencies, and

• university/law students and solicitors.

ELC also provides regular employment law intensive training for our own staff and volunteers.

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ELC provides ongoing information and assistance to other community legal centres, and plays a leadership role in the development of CLE in WA. ELC is an active participant in the WA Community Legal Centres Association; coordinating and chairing the Community Legal Education Network meetings and Managers network meetings at the quarterly events.

An equally critical task of the CLE program is to review and update the 29 CLE resources which are available on our website; fact sheets, information kits and glossary. ELC also maintains a comprehensive employment law training manual which is used across the CLC and Employment Law networks nationally. The manual is the primary training session resource and is retained as a reference by the trainees.

ELC continues the focus of CLE on developing and delivering tailored employment law training to regional, rural and remote community legal centres, and partner organisations supporting vulnerable employees. Employment Law Intensives provided to partner organisations cover an overview of employment law on topics including jurisdictions, common law, contractual issues, awards, agreements, minimum entitlements, unfair dismissal, adverse action, enforcement, bullying and discrimination.

Participant satisfaction levels at community legal education sessions remain high with the average satisfaction level being 4.8 out of 5 (with 5 being the highest).

On-Line Resources

ELC maintains a number of publications and online resources that are useful education tools for community organisations, staff and volunteers. These resources also aim to guide and inform people to advocate for themselves. The resources are continuously updated to include legislation, policy and procedural changes.

The InfoGuide is a user friendly web based system about employment issues and client eligibility for ELC services; it is live at http://elcwa.org.au/about-the-infoguide/. The InfoGuide contains 379 path options and over 150 information summaries, and offers users the opportunity to grasp the major concepts involved with their issue before seeking additional advice

50% of users who submitted feedback stated the InfoGuide had been helpful.

ELC collates and analyses data provided by the InfoGuide users to better understand which issues are not being met by current resources. This data identifies priorities for amending existing resources and creating new resources.

www.elcwa.org.au had 30,204 sessions with 22,120 users accessing the site during 2015-16. These users looked at 78,075 pages for an average of 2.7 minutes per page and staying on our website for approximately 2.8 minutes each session. This data indicates that ELC’s website is an excellent resource for the general community – be they employees or employers

http://elcwa.org.au/about-the-infoguide/

http://www.elcwa.org.au/

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Contribution to Community and Sector Development

ELC continued to make a significant contribution to the state and national community legal centre and employment law network sectors. ELC staff were on a number of Community Legal Centre Association of WA (CLCAWA) committees and reference groups. ELC contributed to the National Association of Community Legal Centre’s (NACLC’s) Board of Directors, and convened the National Employment Law Network.

ELC operates as a member of the network of 29 community legal centres across the State. This network is a source of many direct referrals to our service. In turn, ELC is able to make appropriate referrals to these centres as sources of local support for our clients and to ensure they receive the most comprehensive services and supports in their time of need.

Law Reform

The reduction in funding has severely impacted on ELC’s capacity to manage law reform. Nonetheless, ELC has continued its collaboration with the Fair Work Ombudsman, Salvation Army, Red Cross and ACRATH on issues regarding exploitation of migrant workers, forced labour and human trafficking. This is an emerging trend and an area ELC is keen to continue working on.

Based on our experiences with the Benara Nurseries Case, ELC was invited to make a submission to the Senate Education and Employment References Committee. ELC focused on two key terms of reference for the Committee’s Inquiry:

(c) Whether temporary visa holders receive the same wages, conditions, safety and other entitlements as their Australian counterparts or in accordance with the law, including:

(i) the extent of any exploitation and mistreatment of temporary work visa holders; and

(d) Whether temporary work visa holders have access to the same benefits and entitlements available to Australian citizens and permanent residents, and whether any differences are justified and consistent with international conventions relating to migrant workers.

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Trends

The following trends continue to emerge through our client and community services:

• Dual system of employment laws applying in WA continues to be a source of confusion.

• Migrant workers requests for advice and assistance about employment issues which effect their immigration and accommodation status and their ability to be employed elsewhere.

• Human trafficking and exploitation of migrant workers.

• Detrimental impacts of employment issues on the ability of vulnerable employees to retain their employment, find new employment, maintain confidence, purchase household necessities and to maintain their health, family and community life.

• Considerable numbers of general protections claims under the Fair Work Act.

• Dismissal related calls increased to 25% of callers. Clients in both jurisdictions overwhelmed or confused by unfair dismissal conciliation and hearing processes; and many prevented from making an unfair dismissal claim due to qualifying periods of employment or other eligibility exclusions. Claims for unfair dismissal arising in the State jurisdiction are expected to become more problematic with no State funding to assist with these matters.

• Workplace bullying and harassment reduced to 279 calls. Limited remedies available, particularly in the state system, make it difficult for vulnerable employees dealing with bullying is

• Pregnancy discrimination and discrimination due to family responsibilities. Requests for flexible working arrangements being refused when returning to work from parental leave. Is particularly problematic with no sanctions when an employer refuses, even where it’s not on reasonable business grounds. There is little an employee can do in such a circumstance. Also, trends high incidences of employees returning from parental leave being selected for redundancy.

• Apprentices having their training contracts terminated by their employer or Apprentice Centre; unfair treatment they experience at work; and inadequate remedies and protections currently available to apprentices and trainees under the Vocational Education and Training Act 1996 (WA).

• High numbers of employees employed by labour hire companies, placed with host employers and in many cases unable to access protections such as unfair dismissal or adverse action claims.

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Social Return on Investment Research Project

In 2014-2015 ELC undertook its Social Impact Research Pilot Project. The Report on that Project was completed in February 2016. Copies are available at www.elcwa.org.au .

In late 2015, ELC developed a proposal for further research in conjunction with the School of Population Studies at the University of WA. This research was to draw on the data from the Social Impact Research and select a methodology for evaluation of the social impacts of ELC measured as a ratio of dollars of funding to the dollar value of the aggregated impacts.

This research continues the ELC practice of careful assessment and reporting to maximise its transparency and accountability for the funding dollar.

Social value is measured using Social Return on Investment (SROI) methodology, which outlines the stakeholders involved in the activities of ELC, maps the ways in which these stakeholders are affected by the activities of ELC, evidences and places a dollar value on the value of the activities to stakeholders and then calculates a SROI ratio. The SROI ratio represents the social value created for every $1 of stakeholder investment.

Stakeholders were identified in three groups: clients, government organisations, and others (including not for profit organisations, friends and families of clients). Data was collected from ELC’s Annual Report 2014-15, ELC’s Annual Statistics Reports 2014-15, an analysis of the call records of clients, a survey given to a sample of former ELC clients, and a questionnaire given to ELC employees.

The main outcomes of ELC’s activities were identified as:

• the increased financial benefits from legal proceedings

• the prevention of the cost of baseless claims to clients and judicial services; and

• the cost to clients and judicial services of additional claims on the advice of ELC.

After a valuation of all outcomes a SROI ratio of 1.53 was calculated. For every $1 invested in ELC, $1.53 of social value is created. Of the social value created, 96.6% is for clients, 3.1% is created as cost savings across State and Federal government departments and 0.3% is created for not for profit organisations and friends and families of the client.

The results suggest that ELC is a prudent funding destination for government departments and law firms aiming to create social value.

A number of potentially relevant outcomes were omitted from valuation; they include potential savings in judicial system costs from an increased likelihood that a client will settle a matter and a decreased time that a

court commission will need to spend on a claim if a self-represented applicant has received legal advice and/or ongoing assistance or used ELC’s online resources. Therefore it’s likely that the SROI ratio estimated in this study is an underestimate of the true SROI that ELC provides.

This research project was a rigorous, honest and transparent look at our service; our methodology is transparent and conservative and it has resulted in a highly credible piece of work.

For every $1 invested in

ELC, $1.53 of social value is

created.

Of the social value created: • 96.6% is for clients • 3.1% is cost

savings across government, and

• 0.3% is created for Others

http://www.elcwa.org.au/

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Volunteers and Pro Bono Support

During 2015-16, we relied on the generous contribution of 43 in house volunteers and pro bono support to operate our service. ELC secured 3,135.5 hours of volunteer and pro bono support which we calculated to be valued conservatively at $731,260, which exceeds ELC’s operational budget.

Volunteers are invaluable in service provision, in particular by:

• assisting solicitors to provide advice

• conducting client appointments

• assisting with Evening Legal Service (ELS)

• compiling client files and briefs

• researching case law developments

• developing and expanding CLE resources, and delivering CLE

• governing the organisation through the Board of Management; and

• supporting ELC staff in relation to administrative tasks.

Pro bono contributions in the past 12 months have included:

• one day per week solicitor secondment from Corrs Chambers Westgarth;

• one day per week solicitor secondment from Australian Government Solicitor; and

• one day per week solicitor secondment from Minter Ellison.

Pro bono solicitors:

• assist with ELS and further client assistance

• provide legal advice and representation to ELC clients

• review and draft ELC policies, resources and publications; and

• provide training to ELC staff and other community lawyers.

This year ELC secured 3,135.5 hours of volunteer and pro

bono support to deliver services to clients.

We conservatively value that support at $731,260 which far

exceeds ELC’s operational budget.

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Other pro bono partners assist our service by providing:

• migration advisory services

• library assistance

• archiving services for ELC client, finance and administration records

• professional development client courses to ELC staff and volunteers; and

• training rooms, materials and catering for ELC training of staff and volunteers.

We are conscious of the positive impact such significant pro bono legal support has had on ELC’s services and clients. ELC could not provide the same breadth of services without this extraordinary volunteer and pro bono support.

This goodwill has been established over the past 15 years and ELC is committed to continuing these relationships in the future.

Funding

ELC funding will be at a crisis point by the end of 2016.

For the period 2015-16, ELC received funding from: the Commonwealth Government through the Fair Work Ombudsman (FWO), the WA State Government through Legal Aid WA, and through the Law Society of WA: Public Purposes Trust.

Commonwealth Government Funding In late 2015 the Commonwealth through the Fair Work Ombudsman (FWO), confirmed the completion of the Community Based Employment Advice Services (CBEAS) funding program, and announced its intention to review its community services funding program and implement an open and competitive process for requests for funding. The FWO confirmed that services funded through the existing program would receive transitional funding to 31 December 2016 by which time they expected the new program would be in place. The Commonwealth has stipulated that the transitional funding and the funding under the new Community Engagement Program through FWO from the Commonwealth only be applied to assist workers with claims under national employment laws.

ELC has submitted an application for funding under the new Community Engagement Program. The outcome will not be known until late 2016 and will have effect from 1 January 2017.

State Government Funding In 2014-15 ELC received $440,000 of State Government funds through the Department of Commerce, however, from 1 July 2015 this funding ceased amounting to a 45% reduction in ELC funding. Through a last minute intervention by the Attorney-General, the State Government directed a one off grant of $139,000 to ELC through Legal Aid WA for 2015-16. This represented an effective reduction in funding of 30% for 2015-16. From 1 July 2016 State Government funding will cease entirely.

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Law Society of WA: Public Purposes Trust Fund (PPT) ELC’s extensive community legal education (CLE) program is largely supported by funding through the PPT. The program provides for in person education and training sessions and outreach to regional and remote communities. This funding also resources the maintenance of a broad range of self help information, kits and publications to assist those more able to help themselves. In early 2016, the PPT confirmed that ELC was successful in securing further funding for the CLE program.

Summary

Substantial reduction in funding has, inevitably, resulted in contraction of service delivery and reduction in service and staff hours. It has been a very stressful time of making harsh and difficult decisions for the Board, and an extremely difficult challenge for Staff to maintain a quality legal service. To minimise some of what was hoped to be a short term situation, the Board resolved to apply accumulated reserves to sustain the service delivery of the ELC. Staffing was reduced by 28% and the service model was revised on two occasions to contain costs and maintain service. The Board undertook intensive contingency planning, and has worked in consultation with ELC staff throughout the year to minimise any detrimental impact on our services and clients.

ELC awaits the outcome of the FWO Community Engagement Program applications for funding; confident that the Commonwealth Government will continue some level of funded service delivery through ELC to assist vulnerable workplace participants in WA who fall under the Federal workplace jurisdiction.

ELC also continues to lobby State parliamentarians to support our request for funding especially with the Commonwealth stipulating and limiting what Commonwealth funds can be expended against.

Sustained efforts to secure funding from the WA State Government have so far been unsuccessful.

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Thank You!

ELC would like to acknowledge the following people and organisations for their work, support and commitment in the 2015/2016 financial year. ELC sincerely thanks each person and organisation listed and looks forward to working together in the coming year.

Board of Management • Emma Douglas • Tim Dymond • Nick Ellery • Bob Horstman • Michele Lord • Brendan McCarthy • Cecily Montgomery • Dustin Rafferty

Volunteers • Luke Bacich* • Emily Bell • Thalia Botsis* • Madeleine Brown • Catarina Cabrera • Dylan Caddy • Tessa Cramond* • Caitlin Farmer • Claudia Lewin* • Greg Lynn • Laura MacLean • Tom Mitchell • Jessica Pemberton* • Audrey Pieterse* • Luke Shepherd • Zoe Timms • Siobhan Trefry • Iona Watson • Shenae Williams • Sophie Wong • Liz Wreck

Evening Legal Service Volunteer Solicitors • Vishan Atchamah • Nikita Barsby • Helen Beech • Steve Bowler • Anna Casellas • Rachel Dawson • Duncan Fletcher • Cory Fogliani • Erica Hartley • Steve Heathcote • James Hulmes • Emma Jones • Matt Kelleher • Andrew Kennedy • Jessica Keogh • Olga Klimczak • Samantha Maddern • Kathryn Maric • Damien Matthews • Libby Mussared • Anne Ngo • Ben O’Brien • Claire Sharpe • Natalie Zurita

Australian Government Solicitors Secondees • Peter Corbould • Solene Yik Long • Mandee de Reus

Corrs Chambers Westgarth Secondees • Imogen Coleman-

Heard* • Alice Nagel • Emma Soactar

Minter Ellison • Saran Barich • Kate Rodrigues • Lara Wilmot

Pro Bono Partners • Allens Linklaters • Ashurst Australia • Australian

Government Solicitors • Bar Association of

WA • Clayton Utz • Corrs Chambers

Westgarth • DLA Piper • EstrinSaul Lawyers • Ferrier Hodgson • Herbert Smith

Freehills • Horizon Legal • Hotchkin Hanley • Jackson McDonald • Karen Crockford –

Migration Agent • K & L Gates • King & Wood

Mallesons • Lavan Legal • MDC Legal • Minter Ellison • Norton Rose

Fullbright • Slater and Gordon • State Solicitor’s Office • Steve Heathcote

Barrister & Solicitor

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Funding Partners • Legal Aid WA • Fair Work

Ombudsman • Law Society of WA -

Public Purposes Trust (PPT)

Partner Organisations • Aboriginal Workforce

and Development Centre

• Aboriginal Legal Service

• Adult Migrant English Program (Leederville and Northbridge campuses)

• Albany Community Legal Centre

• Association for Services to Torture and Trauma Survivors (ASeTTS)

• Australian Catholic Religious Against Trafficking in Humans (ACRATH)

• Australian Human Rights Commission

• Australian Red Cross • Bandyup Women’s

Prison • Base Group • Bunbury Community

Legal Centre • Central Institute of

Technology • Communicare • DOC/Wageline • Department of Human

Services • Department of

Training and Workforce Development

• Duncraig Senior High

School • Edmund Rice Centre • Equal Opportunity

Commission (WA) • Ethnic Disability

Advocacy Centre • FWC • FWO • Geraldton Resource

Centre • Health Consumer

Council • Individual Disability

Advocacy Services • JobWatch Inc • Law Society of WA • Legal Aid WA • Members of

Parliament and their staff

• Metropolitan Migrant Resource Centre

• Morawa Agricultural College

• Murdoch University • National Association

of Community Legal Centres

• Notre Dame University

• Outcare • Peel Community

Legal Service • People With

Disabilities • Piddington Society • Pilbara Community

Legal Service • Polytechnic West • Shenton College

• Sumer Digital – Phil

Walker and Daniel Chan

• SoftTeq – Alastair Waddle

• Street Law Centre • The Humanitarian

Group • The Salvation Army

Australia • Unions WA and

member unions • University of Western

Australia • WA Freedom Network • Western Australian

Council of Social Service (WACOSS)

• Western Australian Industrial Relations Commission (WAIRC)

• Western Community Legal Centre

Staff • Camila Becerra* • Sally Burston • Elisha Butt • Dylan Caddy • Tony Cooke • Anna Creegan* • Emily Durack* • Toni Emmanuel* • Michael Geelhoed • Sara Kane • Kosta Lucas* • Audrey Pieterse* • Jessica Smith • Justine Whittle* * no longer working at ELC

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2015 /2016 Financial Report

Employment Law Centre of WA (Inc.)

Financial Statements

For the year ended 30 June 2016

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