National Association of Community Legal Centres Data Consistency Project 2018-19 Main Findings 28 February 2019 Polly Porteous – polly.porteous@naclc.org.au Phone: 02 9264 9595

Data consistency project: expected outcomes CLCs collect, understand and use accurate and consistent data and information about the services they deliver, to inform their service planning and service provision decisions. State, territory and national governments have reliable CLC data to use for the purposes of NPA as well as reporting and service planning (local, regional, and jurisdictional). Data consistency project: expected outcomes

We want to know what is actually happening on the ground with our clients, and with the services that community legal centres and family violence prevention legal services are providing If we look at the data now, is this telling us what’s happening, or is it simply telling us that every Centre is recording things a different way? Why is this important?

CLASS data: proportion of legal service types – Australia-wide change over time

All states – proportion of services – 2017-18

Individual CLCs in one state – proportion of services in each Centre – 2017-18

Data Consistency Project Timeline Legal Aid NSW and AGD provided $ July 2018 NACLC (Polly), Carly (CLCQ) and Kieran (Vic Fed) scoped project July-Aug 2018 Met with / interviewed 40 CLCs across the country incl 12 NSW CLCs July-Nov 2018 Provided comments about National Data Standards manual Jan 2019 CLC Data Guide – go live March 2019 Training and other resources April-June 2019 All training incorporated into CLASS Training

Findings: the main areas of inconsistency Multiple Legal Tasks and Advices v Other Representation– how to capture ongoing legal support to self-represented clients Counting rules for discrete services - Legal Advice with 3 problem types = 3 separate advices? Referral with 3 destinations = 3 referrals? When does one Legal Task begin and end? Other Representation v Court/Tribunal Representation – If progresses, do you close Other and open Court/Tribunal, or change existing service type? Findings: the main areas of inconsistency

Solutions to main areas of inconsistency National Data Standards – changes to better fit CLC practice types, eg ongoing legal support – comments provided Data Standards Working Group Jan 2019 CLC Data Entry Guide – sits alongside (and cross-references) CLASS Online Guide – uses National Data Standards as starting point but more CLC-specific detail and case studies – available March 2019, with other resources such as adaptable flowcharts being added April-June 2019 CLASS Training aimed at lawyers and caseworkers – coming to you soon, includes data standards training – March-June 2019 CLASS changes – small changes to improve consistency (TBA but could be June 2019) vs bigger improvements –TBA Solutions to main areas of inconsistency

1. Ongoing legal support that is not representation Problem: National Data Standards says if not acting for the client then not a Representation Service = need to record multiple Legal Advices / Tasks In CLASS - hard to chronologically see what is happening with client as no easy way to group or view services as one “matter” In practice CLC has a paper file containing filenotes and advice sheets Inconsistencies this generates: Some CLCs recording as per Data Standards Manual - a lot of extra data entry Some CLCs create 1-2 Legal Tasks with multiple actions/activities Some CLCs opening Other Rep Service 1. Ongoing legal support that is not representation

1. Ongoing legal support cont’d Solution 1: Negotiate with National Data Standards Working Group to change title and definition of Other Representation Service so it becomes Other Ongoing Legal Support or Representation Services Create field in CLASS for Other Representation Service with two options: “Acting for client” or “Ongoing legal support to client / not acting for client” ANY IDEAS WHAT THE SECOND CATEGORY WOULD BE ? Solution 2: Create new service type “Ongoing legal support service” YOUR IDEAS? 1. Ongoing legal support cont’d

2. Discrete services – counting rules Problem: Manual ”counting rules” vague CLC concerns about being assessed / valued based on number of services - want to show complexity or extent of work by recording more of that service (eg 3 advices for 3 different problem types because took 1.5 hours) In CLASS, hard to group together services of same matter type Inconsistencies created: Some CLCs Legal Advice with 3 problem types = 3 separate advices Referral with 3 destinations = 3 referrals When does one Legal Task begin and end 2. Discrete services – counting rules

2. Counting rules cont’d YOUR IDEAS? Solution: Data Standards: NACLC submission to Data Standards Working Group that all discrete services be limited to one date only, with exception for some Legal Tasks, in which it is suggested that date of service is date the task finalised CLC Data Entry Guide and training will clarify that a service is the process (ie process of providing a referral, Process of providing advice) and it is irrelevant how many different legal subject matters or referral destinations are covered CLASS changes: see if we can include field to record time spent on Legal Advices, and other services, eg Facilitated Referral YOUR IDEAS? 2. Counting rules cont’d

3. Other Representation vs Court/Tribunal Problems: When a CLC is acting for a client in general casework, what to do when court/tribunal action starts? Is a particular legal process a court/tribunal process, or not? Inconsistencies created: Some CLCs will be recording only one service – if they change their existing service from Other to Court/Tribunal – while others will be recording two services Some CLCs are recording a particular government decision making process as Court/Tribunal, while others are recording it as Other 3. Other Representation vs Court/Tribunal

3. Other Rep vs Court/Tribunal cont’d … Solutions CLC Data Consistency Guide = when a client’s matter shifts to court/tribunal, should close Other Representation Service and open a new Court/Tribunal Service “Ready Reckoner” for main legal subject matters, giving example of the sorts of matters that are Other Rep, those that are Court/Tribunal One problem: NSW CLCs recording Victims Support matters as Court/Tribunal Representation, which is out of step with other departmental decisions eg NT (victims support), Immigration (Facilitated Judicial Review Referral) and Centrelink (ARO Internal Review and Status Resolution Support Service) YOUR IDEAS? 3. Other Rep vs Court/Tribunal cont’d … Its ompliance with good legal practice management, where a CLC needs to make a decision as to whether to continue acting for the client now it has moved to court/tribunal

What are other areas of inconsistency or confusion Duty Advocacy – tenancy – where the advocate is more like a “friend of the court” Shopping bag client – can you do a Legal Task before you even provide Advice? Reasons for Referrals - CLCs are not using these – NACLC want to encourage better use of this Recording Community Projects – remember you have to set up a Community Project first, and then create services (eg CLE Activity or CLE Resource) – if you have no services your count will be zero What are other areas of inconsistency or confusion

CLASS team are conducting training across NSW to individual CLCs during March This training will talk through the main areas of confusion and will encourage people to contact CLASS Helpdesk or me for further discussion A CLC Data Entry Guide is almost complete, and will be available online at same place that CLASS Online is available Some additional resources including “When you do more than advice” and a flowchart allowing new workers to identify how to record interactions will be available for you to use / adapt What’s next?

Contact NACLC for advice or feedback General CLASS questions, including ”how should I record this service”, call Helpdesk on 1300 484 498 or email NACLC@classhelp.org.au For data standards or consistency discussion, email Polly.Porteous@naclc.org.au or dataconsistency@naclc.org.au To request CLASS training, email Fran.Bowron@naclc.org.au Contact NACLC for advice or feedback