Legal aid funding share must flow to Victoria
State and Federal Budget boosts to legal aid must flow into the
provision of better family and criminal law services and funding for
legal practitioners, according to the Law Institute of Victoria.
LIV President Steven Stevens said both Governments had recognised the chronic underfunding of legal aid in their recent budgets.
“The real work to improve legal aid services must begin now,” he said. “Governments have now taken the first step,“ he said.
“Victoria received the lowest per capita funding of any State, and that
has resulted in a cut in services in family law,” he said.
“Victorian lawyers have always provided legal aid services at a
discount rate, but it is unjust of Governments to expect them to
continue to provide many services for no fee at all,” Mr Stevens said.
The LIV called on the Federal and State Governments to address the
funding imbalance in the new National Partnership Agreement on legal
aid, which is due to be in place by 1 July this year.
Victoria receives $6.18 per capita from the Federal Government for legal aid, compared with the national average of $7.78.
Of the 2009/10 VLA budgeted expenditure of $123,121,000, the Federal
Government provided $33,173,000 while the Victorian Government provided
$67,126,000. The rest was budgeted to come from the Public Purpose Fund
and self generated income.
The Victorian Government last week announced an additional almost $50
million for legal aid over two years and the Victoria would expect to
receive at least another $4.5 million from the Federal Government’s $23
million per year increase announced last night.
“Currently it is harder to access assistance for a family dispute in
Victoria than anywhere else in the country, and in most cases you need
to be on a social security benefit and facing jail time to get criminal
law assistance,” Mr Stevens said.
“This continued reduction in services due to funding pressure must be addressed now,” he said.
The impact of inadequate funding of legal aid and the community legal sector in criminal law matters
- Only a small fraction of those people dealt with by the
Criminal Justice system are “hardened criminals” who have been
convicted of serious offences.
- The courts are filled with
people charged with traffic and minor offences, some of which attract
mandatory sentences of imprisonment.
- In
2008-09 the second most common proven offence in the Magistrates’ Court
was Drive Whilst Disqualified – which attracts a mandatory sentence of
one months imprisonment if convicted a second time.
- Theft
is the most common offence. This includes a packet of chewing gum from
a grocery store, or the theft of food by a homeless person.
- Many criminal matters in the courts involve offences
committed by some of society’s most vulnerable people – the homeless,
or those suffering from mental illness.
- In 2008-09 6,849 defendants were linked
in to Court Support services, which exist to provide housing,
counselling and support services to vulnerable and needy defendants.
These services address causes of offending and help prevent recidivism.
- Criminal
defence lawyers protect those charged with offences, against the power
of the State. In many cases, they stand between ordinary citizens and
gaol. Never think “that will never be me” – it could be.
- Despite
this, inadequate Legal Aid funding has made Legal Aid limit their
guidelines. This means fewer people and fewer types of cases can be
assisted through Legal Aid.
- The “means test” is now so low that only those on a Centrelink benefits are eligible for Legal Aid
- The “merits test” means that you have to run the risk of going to prison before you are eligible for Legal Aid.
- Very low fees to defence lawyers mean that many lawyers
cannot afford to undertake legally aided work. This means that very
junior and inexperienced lawyers are forced to take up the slack.
- Inadequate Legal Aid funding also puts pressure on under-resourced Community Legal Centres to cover the shortfall.
- Where people “fall between the gaps” of Legal Aid and Community Legal Centres, they are often forced to represent themselves.
- Inadequate Legal Aid funding means that some of societies most needy and vulnerable are denied access to justice,
Source:
Law Institue of Victoria |
