The value of advocacy and accessible justice for those in need cannot be overstated. For Seb, without Street Law and Johnson Winter Slattery’s persistence and ongoing legal representation, he would not have had his redress money of $100,000 returned to him.
As part of the National Redress Scheme, Seb was awarded compensation and acknowledgement of the abuse and harm perpetrated against him by institutional bodies who had a duty of care to protect him. Seb received the maximum compensation amount under the scheme.
Street Law met Seb at their weekly outreach legal clinic at Uniting WA’s Tranby Engagement Hub. Seb is a 65-year-old First Nations man who has experienced chronic homelessness for a significant portion of his life. When Seb attended Street Law’s legal clinic, he was street present, and his only income was through Centrelink benefits. Seb had experienced significant trauma and abuse throughout his life and was struggling with ongoing health issues.
Seb informed Street Law that his cousin had taken $100,000 from his account. This was most of his redress compensation. This occurred without his authorisation and knowledge. Seb, in the presence of his cousin, had discussions with his bank concerning access to his account. The bank was made aware that Seb was experiencing homelessness and had significant health issues. Seb did not request for anyone in his family, including his cousin, to have free access to his bank account. However, the bank allowed Seb’s cousin to become a signatory on his account and input his contact details for all of Seb’s accounts. This occurred when Seb was struggling with health issues and was not present for the majority of the discussion with the bank. Seb was very distressed when he came to Street Law’s legal clinic and wanted to know what legal options he had to get his money back.
Street Law, through solicitors Ann-Margaret Walsh and Kane Anamwong, submitted a complaint to the bank that outlined that they had failed their obligations under the Banking Code, the Australian Banking Association’s Industry Guidelines on Preventing and Responding to Family and Domestic Violence, and the Australian Financial Complaints Authority’s Approach to Financial Elder Abuse. As the bank’s failure to comply with its code of practice and guidelines resulted in Seb once again becoming a victim of abuse, Street Law sought to have his stolen money restored to his account. The bank responded to Street Law’s submissions concluding that they did not consider that they had breached their obligations and refused to provide Seb with his money. The bank stated they viewed the complaint as a family matter.
As the bank was not open to negotiating the matter, Street Law lodged a complaint to the Australian Financial Complaints Authority (‘AFCA’). AFCA requires that parties to a complaint first try to resolve the matter through informal methods to reach a settlement before they make assessments and decisions on the parties’ behalf. Following a review of the application, AFCA scheduled the matter for conciliation. As this was not one of Street Law’s usual practice areas, Street Law obtained pro bono assistance from law firm, Johnson Winter Slattery (‘JWS’), to be able to further advocate and provide expert support for Seb through the AFCA conciliation process.
JWS, through Felicity Karageorge, Louise Dinnie and Jennifer Liu, assisted Street Law through the AFCA process. This included the drafting of submissions and correspondence, advising on the AFCA process, conciliation, and various aspects of the settlement strategy. JWS’s contribution was vital to ensure Street Law was in the best position to advocate for Seb at the conciliation. During the conciliation, the bank offered to resolve the complaint by offering $5,000. That offer was not accepted by Seb.
As Seb and the bank could not come to a resolution on their own, AFCA stepped in and agreed to make a preliminary assessment of the matter. Through this process Street Law was required to provide multiple submissions back and forth, often in response to the bank’s submissions. JWS made themselves constantly available to review Street Law’s submissions and provide advice on the case.
Finally, AFCA made a preliminary assessment that was in Seb’s favour. AFCA considered that the Bank had breached its obligations under the Bank Code and that its dealings with Seb did not meet good industry practice standards as set out in the industry guidelines. AFCA outlined that the Bank should pay Seb $100,000 in compensation for the financial loss he suffered. AFCA also outlined that the Bank should pay Seb $5,400 for non-financial compensation for the stress and frustration caused to Seb. The bank accepted the assessment and paid the money to Seb.
Street Law strongly believes that everyone should have access to justice. As a specialist community legal centre that provides free legal assistance to people experiencing or at risk of experiencing homelessness, it is vital that Street Law is innovative and proactive in delivering legal services to their clients.
This positive outcome was achieved through the collaborative efforts of Street Law and JWS. The expertise that JWS provided further ensured that Seb had access to justice. Seb now has permanent and secure accommodation and has started rebuilding his life and pave a way towards healing. JWS has been involved to ensure that Seb receives appropriate financial counselling.