Pro bono – making a difference for self represented parties at QCAT

QPILCH is involving its barrister members in the Service by re-enlisting members to the QPILCH Tribunal Representation Panel. QPILCH is grateful for the tremendous support from barrister members who have confirmed their interest in accepting direct briefs to assist in meritorious cases. Particular thanks go to Paula Morreau, Lisa Stewart, Justin Carter, Gerald Byrne and Brian Cronin who have taken on matters since the Service’s inception in January 2010.

The Service assists current and prospective parties in a number of areas within QCAT’s jurisdiction, including:

• Child protection and education;

• Anti-discrimination;

• Guardianship and administration;

• Right to information and information privacy;

• Manufactured homes;

• Residential tenancy;

• Retirement villages; and

• Appeals.

In the Service’s experience, many people involved in proceedings have limited knowledge and understanding of the law and administrative processes required for them to meaningfully assert their rights. This is where the Service can make a substantial difference, particularly in cases where there is also a power imbalance between parties.

Examples of work recently undertaken by the Service include:

• assisting an Iraqi doctor to have the Queensland Medical Board review its decision to not allow his registration. The client had left Iraq during the war, and spent some years in Jordan waiting for resettlement, having been recognised as a refugee by the UNHCR. The client’s volunteer work in Jordan was not initially recognised by the Board, but with the help of the Service, and QPILCH member barrister, Paula Morreau, the Board was convinced to change its decision and allow the client’s registration.

• assisting an elderly client to apply for a stay of QCAT decision to terminate the client’s tenancy and issue a warrant for possession for removal of the client from a property in which the client asserted an equitable interest. The stay was granted securing accommodation for the client while he pursues his appeal; and

• guiding a concerned client through the process of applying to QCAT to urgently consider her father’s capacity and to make an order appointing the Public Trustee as administrator and the Adult Guardian as guardian for her father, who was at significant risk of being financially exploited by new ‘friends’. QCAT decided the client’s father did not have capacity and the appointments were made.

The Service is funded through the Department of Justice’s LPITAF Grants Fund as a pilot project until 30 June 2011. QPILCH hopes to secure recurrent funding for the project and also obtain funding to expand the Self Representation Service to the Magistrates Court, which would provide an opportunity for solicitors and barristers to be involved in the recently expanded civil jurisdiction.

If you are interested in becoming a QPILCH member, signing up to the Tribunal Representation Panel, or would like further information about the Service, please contact Andrea de Smidt, Coordinator of the Service, on (07) 3846 6317.