Community legal centres and Aboriginal legal services are not-for-profit organisations that give free legal advice to their communities.
Coverage for employees of community legal centres and Aboriginal legal services will depend on their role, duties, qualifications and responsibilities.
Tip: Legal Aid services aren’t community legal centres. Legal Aid services aren’t covered in this article.
Industry award coverage
Legal Services Award
Community legal centres and Aboriginal legal services aren’t covered by the Legal Services Award. This is because the award explicitly excludes them from coverage.
For information on coverage under the Legal Services Award see Coverage under the Legal Services Award.
Social, Community, Home Care and Disability Services Award (SCHADS Award)
A community legal centre or Aboriginal legal service providing legal services may be covered by the SCHADS Award if it operates in the social and community services sector (SACS sector).
The SACS sector includes:
- social work
- recreation work
- welfare work
- youth work
- community development work
- organisations which mainly engage in policy, advocacy or representation on behalf of organisations carrying out SACS work
- the provision of disability services.
A community legal centre or Aboriginal legal service operating in the SACS sector could also be involved with activities such as community legal education, advocacy, social work and community development work.
Employees of community legal centres or Aboriginal legal services that may be covered by the SCHADS Award include:
- lawyers
- paralegals
- social workers
- financial counsellors
- clerical and administrative staff.
They’ll be classified under Schedule B. Their classification will depend on their qualifications, duties and experience.
Example
Elora is a qualified lawyer working for an Aboriginal legal service. She specialises in family law and works under a senior solicitor.
Elora meets with clients to provide legal advice and representation in family law matters. She uses a high degree of judgement to decide the most appropriate pathway for clients within set budgetary constraints.
Elora’s organisation also researches the impact of government policy decisions and legislation on the social and welfare outcomes of the community.
It often makes policy submissions and undertakes advocacy work based on this research.
The organisation is operating in the SACS sector. It’s covered by the SCHADS Award.
Elora is also covered by the SCHADS Award as there’s a classification that can cover her duties and experience.
She’s classified as a SACS employee level 5.
Example
Jeffina is starting her career as a financial counsellor at a not-for-profit community legal centre. She works with clients who are in financial distress while they’re also accessing the justice system through the organisation’s legal services.
She provides clients with financial planning, assistance in accessing welfare resources, negotiating debt payment plans, and understanding credit and bankruptcy laws. She also provides them with financial education.
Jeffina holds a bachelor’s degree in commerce, majoring in financial planning, and has completed the requirements to work as a financial counsellor. She works under the general supervision of a senior financial counsellor and may approach them for guidance.
Her employer is in the SACS sector and is covered by the SCHADS Award.
Jeffina is classified as a level 3 employee under Schedule B based on her duties, experience and level of responsibility. She’s paid at pay point 3 because she holds a 3 year degree and is performing duties related to that degree.
No industry award coverage
If there’s no classification for an employee’s role under the SCHADS Award employees might be:
- covered by the Miscellaneous Award, or
- award free.
Miscellaneous Award
The Miscellaneous Award can cover employees of a community legal centre or Aboriginal legal service if:
- there’s no classification for an employee’s role under the SCHADS Award
- they’re not a managerial or professional employee.
An employee may be a professional employee if their role requires a degree qualification (for example a law degree).
They’ll be classified based on their duties and qualifications.
Award free employees
Community legal centre or Aboriginal legal service employees who aren’t covered by the SCHADS Award or the Miscellaneous Award are award free.
This may include qualified lawyers if there’s no classification for their specific role under the SCHADS award.
They’re entitled to the National Employment Standards.
