Supplementary Terms and Conditions of Employment
Normal Place of Work
Your Work Schedule
Superannuation
Annual Leave
Personal Leave
Personal Data
Leaving Citadel
Additional Provisions – Supplemental to the Handbook
Whistleblowing Policy
Parental Leave and Other Time Off
Parental Leave
Definitions
Eligibility
Parental Leave entitlements
Taking Parental Leave
Paid Caregiver Leave
Coordination Statutory Unpaid Parental Leave
Requests for Paid and Unpaid Parental Leave
Benefits During Paid and Unpaid Parental Leave
Contact Before and During Paid and Unpaid Parental Leave
Return to Work After Parental Leave
PPL Scheme
Compassionate Leave
Family and Domestic Violence Leave
Community Service Leave
Annexure A
External Bodies for Complaints
Annexure B
External Support Organisations
The notice provisions that apply during your probationary period are set out in this Addendum.
Your accrued but unused Annual Leave Entitlement will automatically be carried forward from each annual leave year. Citadel may direct you to take some of your Annual Leave Entitlement in accordance with the FW Act.
If you have used more than your accrued Annual Leave Entitlement prior to the termination of your employment you must repay Citadel for the excess days. If you do not repay immediately on demand any excess annual leave pay, Citadel is hereby irrevocably authorised to deduct, to the extent permitted by law, such amount (or any part thereof) from any money owed to you by Citadel on or after the termination of your employment without prejudice to Citadel’s right to seek repayment of any part still outstanding.
Entitlement
- sick leave may be taken by you where you suffer a personal illness or injury; and
- carer’s leave may be taken by you to provide care or support to a member of your immediate family or household because of a personal illness or injury or emergency affecting that member.
If you are absent from work due to sick leave or carer’s leave, you must inform your manager or the Human Resources Department as soon as practically possible prior to your normal start time on each day of absence. You must keep Citadel regularly informed of the reasons for and expected duration of your absence.
Immediately following your return to work from taking personal leave, you are required to update the Time-Off tracking system. This information is required to calculate your entitlement to personal leave and will be retained in Citadel’s records.
If you are absent for 2 consecutive days or more you must provide the Human Resources Department with a medical certificate as soon as possible. You are required to update all personal leave absences in the Time-Off tracking system irrespective of the length of the absence.
Any unauthorised absence for whatever reason must be explained and failure to do so may be treated as a disciplinary matter.
You will be entitled to sick leave in accordance with the Short-Term Disability (STD) Policy which is inclusive of any statutory entitlement you may accrue and be entitled to receive. Please refer to the Intranet for further details of this benefit. If you do not qualify for STD pay in accordance with the STD Policy or if statutory requirements under local law provides for more beneficial statutory entitlements, you will be entitled to sick leave and sickness allowance during your period of absence from work due to sickness or injury in accordance with local law.
You must handle personal information in a manner which is consistent with the Australian Privacy Principles contained in the Privacy Act and as otherwise instructed by your manager from time to time to enable Citadel to comply with its obligations under the Privacy Act. Your failure to do so may result in an investigation by the Australian Privacy Commissioner leading to reputational damage to the Citadel brand, an award of compensation to affected individuals and potentially significant fines, and/or disciplinary action depending on the seriousness of the breach.
In addition the Privacy Act covers the processing of “sensitive personal information” to which additional restrictions apply. Sensitive personal information includes information relating to: a person’s racial or ethnic origins; political opinions, religious or philosophical beliefs; criminal convictions; trade union membership; sexual life; biometric information used for the purpose of automated biometric verification or identification; biometric templates; and physical or mental health. Citadel holds sensitive personal information relating to employees’ health for the purpose of the administration of sick pay and Income Protection and to monitor attendance levels. Citadel does not collect or use sensitive personal information for any purpose which is not related to your employment.
Citadel (or an authorized service provider) will hold and process, both electronically and manually, the information relating to you which it collects in the course of your employment for all purposes relating to your employment (and for which purposes you now give your consent) including, but not limited to:
- Citadel’s administration and the management of its employees and its business, including but not limited to human resource records, remuneration, benefits, performance appraisals and reviews and sickness and absence records;
- compliance with any applicable procedures, laws and regulations;
- the transfer, storage and other processing by Citadel of any such information outside of Australia. As you are aware, Citadel’s head office is situated in Miami, Florida in the United States and it will therefore often be necessary for your personal information to be transferred to a member of the Citadel Group to be processed in the United States (and any other country in which Citadel or any member of the Citadel Group has offices);
- providing references and information to potential employers or mortgage providers and, if necessary, government and quasi-government bodies for social security and other purposes including but not limited to the Department of Immigration and Border Protection and the Australian Taxation Office;
- providing information to potential future purchasers of Citadel or of the business in which you work;
- recruitment;
- payroll and benefits administration (including sick pay, pensions, childcare vouchers, health insurance, gym membership etc.);
- disciplinary, dismissal and grievance procedures (including monitoring compliance with and enforcing of policies) and absence monitoring;
- training course management;
- monitoring registrations with regulatory bodies to ensure compliance, training and other requirements are met;
- work and career management, including performance appraisals; administering termination of employment, references etc.;
- maintaining contact details (including home address, telephone and mobile numbers) to contact you for urgent business or personal reasons when you are out of the office; maintaining emergency contact and beneficiary details (which involves Citadel holding information on those you nominate in this respect); and
- protecting the safety and security of Citadel staff and property to ensure health and safety compliance.
We also hold other information on you for accounting and billing purposes, work management and client work.
You agree to use all reasonable endeavours to keep Citadel informed of any changes to your personal information. If you wish to access the personal information Citadel holds about you, please contact the Human Resources Department in the first instance.
Notice of Termination of Employment
You shall have no claim against Citadel for damages or otherwise by reason of termination of your employment by Citadel in accordance with this section.
Non-Contractual Policies and Procedures
This policy applies to all persons carrying out work in any capacity for Citadel, including but not limited to employees, directors, a contractor or sub-contractor, a labour hire worker, an outworker, an apprentice or trainee, work experience student or a volunteer (‘workers’). This includes behaviour that occurs in the workplace, in a work-related context (for example conferences) and out of hours interactions where there is a connection to work carried out for Citadel.
The following definitions and examples replace the definitions of relevant unlawful behaviour provided in the Policy Against Discrimination, Harassment, Victimization and Retaliation in the Handbook to the extent they are defined. Where the unlawful behaviour is not defined in the Handbook or practical examples are not provided, the below definitions and examples are to be read as supplemental to the Handbook. The below definitions are as set out in the Sex Discrimination Act 1984 (Cth).
Unlawful discrimination may be direct or indirect.1 Examples of behaviour in a work context that could be sex discrimination can include, but are not limited to:
- offering women and men different rates of pay or benefits for doing the same job;
- not including women in team discussions or in decision making processes;
- refusing to promote a woman on the basis that it is assumed she will elect to have children at some point in her career.
A person sexually harasses another person if:
- they make an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or
- they engage in other unwelcome conduct of a sexual nature in relation to the person harassed;
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1 Direct discrimination occurs when a person with a particular ‘attribute’ is treated less favourably due to that attribute. Indirect discrimination occurs when there is a rule or requirement that is the same for everyone but unfairly or unreasonably affects a person (or group of people) with a particular attribute.
Examples of sex-based harassment include but are not limited to:
- a third party asking intrusive personal questions to a Citadel employee based on the employee’s sex (for example, inappropriate questions about menopause, menstruation or genitalia);
- a Citadel employee making derogatory comments to a third party (including a member of the public), customer or client on the basis of sex (for example, making derogatory comments about a woman’s breasts, or a service provider making derogatory comments about a customer or client’s breasts);
- the use of slurs, taunts or name calling on the basis of sex, including via electronic communications such as SMS, email and social media.
A hostile workplace environment exists when a person’s behaviour creates an environment that is offensive, intimidating or humiliating for another person to work in based on that person’s sex or characteristics that generally relate to a person’s sex (or that are generally imputed to persons of that sex).
Victimisation can include, but is not limited to:
- snide comments to, or about, a person, customer, client or third party regarding a complaint they have made;
- being bullied and intimidated by colleagues as a result of making, or supporting, a complaint;
- being denied a promotion, or being moved to a role with reduced responsibility as a result of making a complaint.
Standards of Behaviour
- you are encouraged to contact the Human Resources Department and access our Employee Assistance Program at any time;
- see Annexure A for external bodies to make a complaint and Annexure B for details of other external services that can provide advice, information and support.
Citadel acknowledges that the prevention of the behaviours prohibited under this policy requires the identification of risks in accordance with its risk management framework.
If you believe that you are being subjected to harassment, victimisation, discrimination, retaliation or a hostile workplace environment, or if you have reason to believe that someone else is being subjected to harassment, victimisation, discrimination, retaliation or a hostile workplace environment, you should report the behaviour to your manager, Human Resources, your Business COO, a member of Legal & Compliance, or any other member of Firm management with whom you are comfortable. The contact information for these individuals can be found on the Intranet. Other options for reporting include making a complaint to an applicable external body listed in Annexure A.
The most serious sexual harassment may also be considered an offence under criminal law. In that instance, it may be appropriate to refer the issue to the police.
For the avoidance of doubt, if a complaint relates to the behaviours prohibited under this policy the provisions of the Grievance & Workplace Concerns Procedure do not apply and this policy will apply instead.
The following provisions replace the provisions contained in the Policy Against Discrimination, Harassment, Victimization and Retaliation contained in the Handbook, to the extent of any inconsistency:
- Citadel is committed to taking a trauma-informed and person-centred approach when responding to reports of behaviour or suspected behaviour that is prohibited under this policy and the safety and wellbeing of the person disclosing or reporting the conduct is a priority.
- Citadel will consult with you (if you are the affected person) and consider your preferences in determining the most appropriate course for addressing the concerns raised and how the conduct should be dealt with, while also balancing its relevant legal duties (for example, in respect of OHS obligations). Citadel recognises that an investigation is not always the best option.
- Some issues warrant immediate escalation to a formal investigation (even though that may not be the preference of the person impacted) because of the seniority of the person, seriousness of the behaviour or risk to the safety of others.
- Resolution options may involve:
- early intervention (including approaching the person who is the subject of the complaint, if you feel comfortable to do so);
- informal pathways (including facilitating or mediating an open, respectful conversation between the parties and putting system changes in place, such as changes to working location or hours);
- formal pathways (including internal or external investigation of the complaint);
- external pathways (please see Annexure A).
- early intervention (including approaching the person who is the subject of the complaint, if you feel comfortable to do so);
- The resolution options listed above may also be taken by Citadel where prohibited behaviour is suspected, including where no report has been made.
- If the relevant behaviour is substantiated, there are a broad range of possible consequences, which may include (but are not limited to) disciplinary action against the person (up to and including termination of employment or contract).
If you wish to report any issue, concern or grievance that relates to harassment, sexual and sex-based based harassment, discrimination, bullying, victimisation or hostile work environments, please refer to the procedure in the Policy Against Discrimination, Harassment, Victimization and Retaliation and the amendments to that policy contained in this Addendum.
Eligible employees may take parental leave in accordance with applicable law as amended from time to time. This policy sets out the eligibility requirements and processes that apply if you wish to take parental leave. If you require any further information, please speak with a member of the HR Benefits team.
Adoption Related Leave means unpaid leave taken in association with the adoption of a child aged under 16.
Birth Related Leave means unpaid leave taken in association with the birth of a child.
Concurrent Leave means a period of Parental Leave taken when your Partner also takes Parental Leave.
Continuous Service takes on the meaning in section 22 of the FW Act which defines it as the period of service during which the employee is employed by the employer but does not include any Extended Period.
Extended Period means the following periods which do not count as service:
- any period of unauthorised absence;
- any period of unpaid leave or unpaid unauthorised absence, other than a period of community service leave or a period of stand down which applies under the employee’s contract of employment; or
- a period of leave or absence or any other period of a kind prescribed by the Fair Work Regulations 2009 (Cth).
Partner means your spouse or de facto partner irrespective of whether you are married or the gender of your spouse or de facto partner.
Start Date means the date you commence Parental Leave or Concurrent Leave in accordance with this policy.
- the leave is associated with the birth of your child (or your Partner’s child) or the placement ofa child with you for adoption (see below in relation to Adoption Related Leave); and.
- you have, or will have, responsibility for the care of the child; and.
- you are a permanent employee and have at least 12 months’ Continuous Service before theStart Date; or.
- you are a casual employee who has been employed on a regular and systematic basis duringa period of at least 12 months, and, but for the birth or placement of the child, would have hada reasonable expectation of continuing employment on a regular and systematic basis
- must be under 16 years of age as at the date of placement or expected date of placement;
- must not have lived continuously with you for 6 or more months as at the date of placementor expected date of placement; and.
- must not be (otherwise than by reason of the adoption) your child or your Partner’s child.
Parental Leave Entitlements
The following Parental Leave entitlements and conditions apply: |
Period of Parental Leave | Eligible employees can take up to 12 months’ unpaid Parental Leave (i.e. Birth Related Leave or Adoption Related Leave), and may request to take an additional period of 12 months’ unpaid Parental Leave in accordance with the FW Act. |
Returning to work | After a period of Parental Leave, you are entitled to return to your pre-parental leave position or, if that position no longer exists, another available position that you are qualified to perform that is nearest in status and pay to your pre-leave position. |
Continuous service | Taking unpaid Parental Leave will not break your continuity of service but does not count towards your service for the calculation of leave entitlements (for example, annual and, as the case may be, long service leave) which will not accrue during a period of unpaid Parental Leave. |
Taking other leave with your Parental Leave | You may elect to take accrued annual and/or long service leave in conjunction with unpaid Parental Leave, provided that the total period of leave does exceed 52 weeks (unless extended in accordance with the FW Act). |
Paid Primary Caregiver Leave | A Primary Caregiver may be entitled to 16 weeks of their usual salary, which includes any amount they may be entitled to receive under the Federal Government paid parental leave scheme (“PPL Scheme”) for the period of 16 weeks. |
Primary Caregiver |
A person is considered to be the Primary Caregiver if during the referenced period:
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Paid Secondary Caregiver Leave | A Secondary Caregiver may be entitled to 2 weeks of their usual salary, which includes any amount they may be entitled to receive under the PPL Scheme for the period of 2 weeks. |
Secondary Caregiver |
A person who is the biological father, partner of the birth mother, adoptive parent, partner of an adoptive parent or person caring for a child born of a surrogacy arrangement and who:
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- you may take Parental Leave in a single continuous period, , flexibly (in accordance with the maximum days set out below), or a combination of both;
- 100 flexible days for births or adoptions before 1 July 2024;
- 110 flexible days for births or adoptions from 1 July 2024;
- 120 flexible days for births or adoptions from 1 July 2025; and
- 130 flexible days for births or adoptions from 1 July 2026,
- 100 flexible days for births or adoptions before 1 July 2024;
- flexible days can be taken at any time within 24 months of the child’s birth or adoption. Flexible unpaid Parental Leave can be taken as a single continuous period or one day or longer, or separate periods of one day or longer;
- if you are pregnant and taking Birth Related Leave, your leave may start up to 6 weeks before the expected date of birth (or earlier if agreed), or during the 24 month period starting on the date of the birth of the child but must end during that period;
- if you are taking Birth Related Leave but are not pregnant (i.e. your Partner is giving birth), your leave must start on the date of birth of the child and can be taken at any time within 24 months of the birth of the child; and
- Adoption Related Leave must start on the day the child is placed with you and can be taken at any time within 24 months of the placement of the child.
- you can take Concurrent Leave for part or all of the period of Parental Leave; and
- Concurrent Leave cannot start before the birth or placement of the child.
If you meet the eligibility requirements to take Parental Leave as noted above you may also apply to take Paid Primary or Secondary Caregiver Leave. Payments of Paid Primary Caregiver Leave and Paid Secondary Caregiver Leave for the applicable number of weeks (being 16 weeks for Primary Caregivers and 2 weeks for Second Caregivers) will be made by topping up the difference between any amount the employee is eligible to receive under the PPL Scheme (see below for further details) and the employee’s usual salary.
- any application an employee has made under the PPL Scheme;
- the outcome of any application the employee has made; and
- amounts the employee has received, or is eligible to receive, from the Federal Government.
Subject to providing any details requested by Citadel, employees will be eligible for Paid Primary Caregiver Leave or Paid Secondary Caregiver Leave as follows:
An employee may elect to take either Paid Primary Caregiver Leave or Paid Secondary Caregiver Leave (but not both) within any 18-month period. The fact that a multiple birth occurs (e.g., the birth of twins) does not increase the total amount of paid parental leave available.
Employees must complete the necessary human resources forms and provide all documentation as required by the HR Benefits team to substantiate the request.
Employees are responsible for ensuring that they do not receive more than 100% of his or her salary at any point during such paid leave, if they are additionally receiving a payment under the PPL Scheme. In the event that an employee receives more than 100% of his or her salary, the employee will notify Citadel of such a discrepancy and cooperate with Citadel to recover such compensation.
If you are eligible for Paid Primary Caregiver Leave and Paid Secondary Caregiver Leave, and on the condition you have provided any details requested by Citadel under this policy, Citadel will pay to you a top up amount being the difference between the amount payable to you under the PPL Scheme and your salary for the applicable number of weeks, that is, up to 16 weeks for Primary Caregiver Leave and up to 2 weeks for Paid Secondary Caregiver Leave.
- You are able to apply for payments under the PPL Scheme before your child is born (or placed with you) and we encourage you to do so.
- It is important that you complete the application process by providing the Services Australia with proof of birth or adoption as soon as possible so that your payments can commence.
- Citadel will only make payments to you once it has received confirmation from Services Australia that your application under the PPL Scheme has been received
- Citadel will deduct tax from payments made to you under the PPL Scheme
- Unless required by law, Citadel will not make contributions to your superannuation fund in relation to payments made to you under the PPL Scheme.
- a member of your immediate family or household dies, or contracts or develops a life-threatening illness or injury;
- a baby in your immediate family or household is stillborn;
- you have a miscarriage; or
- your current spouse or de facto partner has a miscarriage.
Family and domestic violence means violent, threatening or other abusive behaviour by certain individuals known to you, including a close relative, a member of your household or a current or former intimate partner, that both:
- seeks to coerce or control you; and
- causes you harm or fear
Citadel may request evidence that shows you took leave to deal with family and domestic violence. Evidence may include a statutory declaration, documents issued by the police or court, or family violence support service documents.
- jury service that is required by or under a law of the Commonwealth, a State or a Territory; or
- a voluntary emergency management activity dealing with an emergency or natural disaster; or
- any other activity prescribed by the FW Regulations.
You must notify Citadel of your intended absence and the period or expected period of absence as soon as practicable and provide evidence to Citadel’s satisfaction that your absence will be because you have been or will be engaging in an eligible community service activity.
With the exception of jury service, community service leave is unpaid.
Full-time and part-time employees performing jury service are entitled to be paid their base salary for the first 10 days of absence. This payment will be reduced by any jury service pay received by you. You must provide all evidence requested by Citadel of the jury pay received by you to be eligible to receive payment of your base salary from Citadel.
NSW
Anti-Discrimination Board of New South Wales 02 9268 5555
WorkCover New South Wales 13 10 50
NSW Police Force 000
SafeWork NSW 13 10 50
Australian Human Rights Commission 1300 656 419
Fair Work Commission 1300 799 675
Fair Work Ombudsman 13 13 14
eSafety Commissioner https://www.esafety.gov.au/report
Support Service |
Information |
Contact Details |
Australia wide services |
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Beyond Blue |
Provides free information and support to help people work through mental health issues and achieve their best possible mental health. |
Web: beyondblue.org.au Phone: 1300 224 636 (24 hours) |
Community Legal Centres Australia |
Community Legal Centres Australia does not provide direct legal services to members the public but can assist in locating a community legal centre near you for legal advice and support. |
Web: https://clcs.org.au/legal-help/ |
General practitioner (GP) |
You can speak to your GP about issues of workplace sexual harassment and ask for a referral to relevant health and counselling services. Contact your regular GP or a trusted GP. |
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JobWatch |
JobWatch provides legal information and support on employment rights related issues, including sexual harassment and discrimination. |
Web: jobwatch.org.au Email: jobwatch@jobwatch.org.au |
Lifeline Australia |
Lifeline is a national charity providing all Australians experiencing emotional distress with access to 24 hour crisis support and suicide prevention services. |
Web: https://www.lifeline.org.au/ Phone: 13 11 14 (24-hour crisis support) |
Mensline |
A national phone and online support service for men that includes video counselling. |
Web: mensline.org.au Phone: 1300 789 978 |
Multicultural Centre for Women’s Health Information Line |
This information line provides information specifically for women from migrant and refugee backgrounds, as well as information to health and other service providers on how to best support migrant and refugee women. |
Web: mcwh.com.au Phone: 1800 656 421 |
National Sexual Assault, Domestic Family Violence Counselling Service (1800RESPECT) |
Qualified and experienced counsellors provide free telephone and online counselling, information and assistance to access other services. This service is open to all people in Australia affected by sexual assault and domestic and family violence (including family and friends). |
Web: https://www.1800respect.org.a u/ Phone: 1800 737 732 (24-hour support for those experiencing or at risk of experiencing domestic, family or sexual violence)
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No to Violence (men’s referral service) |
Provides confidential men’s family violence telephone counselling, information and a referral service. No to Violence is a central point of contact for men taking responsibility for their violent behaviour. |
Web: ntv.org.au Phone: 1300 766 491 (for interpreter, call TIS National on131 450) Mon–Fri 8am–9pm; weekends 9am–5pm Live Chat now (national) Mon– Fri 8am–9pm; weekends and public holidays 10am–3pm |
Qlife |
Qlife provides anonymous and free LGBTIQ+ peer support and referral for people in Australia wanting to talk about sexuality, identity, gender, bodies, feelings or relationships. |
Phone: 1800 184 527 (3pm – midnight – provides anonymous and free LGBTIQ+ peer support and referral for people in Australia wanting to talk about sexuality, identity, gender, bodies, feelings or relationships) |
Rainbow Sexual, Domestic and Family Violence Helpline |
Professional trauma counselling, information and referral to other services and 24/7 telephone support for anyone in Australia who is from the LGBTQIA+ community who has recently or in the past experienced sexual domestic or family violence including family members, friends and supporters of the LGBTIQA+ individual. |
Web: https://fullstop.org.au/get- help/our- services/rainbowviolenceanda busesupport Phone: 1800 497 212 (24-hour support for anyone from the LGBTIQ+ community whose life has been affected by sexual domestic and/or family violence) |
NSW Services |
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Law Access NSW (Legal Aid NSW) |
Legal Aid NSW is a state-wide independent government agency that helps people in NSW with their legal problems. Legal Aid NSW provides legal information to anyone with a legal problem in NSW through our legal information and referral service, LawAccess NSW. LawAccess NSW is a free information service run by Legal Aid NSW. We provide legal information and referrals for people with a legal problem in NSW. |
Web: https://www.lawaccess.nsw.g ov.au/ Phone: 1300 888 529 (9am to 5pm, Monday to Friday (excluding public holidays) a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in NSW) |
NSW Sexual Violence Helpline (formerly NSW Rape Crisis) |
NSW Sexual Violence Helpline provides 24/7 telephone and online crisis counselling for anyone in Australia who has experienced or is at risk of sexual assault, family or domestic violence and their |
Web: https://whnsw.asn.au/faqconc/ 131/ Phone: 1800 424 017 |
NSW Women’s Legal Service |
Women's Legal Service NSW (WLS NSW) is a community legal centre providing women across NSW with a range of free legal services. |
Web: https://www.wlsnsw.org.au/ Phone: (02) 8745 6988 1800 801 501 (rural) (9:30am – 12:30pm Monday, 1:30pm – 4:30pm Tuesday, 9:30am – 12:30pm Thursday) Free confidential legal information, advice and referrals for women in NSW with a focus on family law, child care and protection, Victims Support, and sexual assault. |
Wirringa Baiya Aboriginal Women’s Legal Centre |
NSW state-wide community legal centre for Aboriginal and Torres Strait Islander women, children and youth. |
Web: https://www.wirringabaiya.org. au/ Phone: 1800 686 587 (9am – 5pm) a NSW state-wide community legal centre for Aboriginal and Torres Strait Islander women, children and youth. |