Footnotes
Chapter 1 - Introduction
[1]
Journals of the Senate No. 66, 19 March 2009, pp 1783-1784.
[2]
Senate Legal and Constitutional References Committee, Inquiry into
Legal Aid and Access to Justice, June 2004.
Chapter 2 - The ability of people to access legal representation
[1]
For example, Law Council of Australia, Submission 12, p. 4;
Assoc. Prof. Simon Rice OAM & Assoc. Prof. Molly O'Brien, Submission 3,
p. 2; Care Inc. Financial Counselling Service and the Consumer Law Centre of
the ACT, Submission 9, p. 1; and Combined Community Legal Centres' Group
NSW (Inc), Submission 44, p. 2.
[2]
Assoc. Prof. Simon Rice OAM & Assoc. Prof. Molly O'Brien, Submission
3, p. 2.
[3]
Victorian Aboriginal Legal Service Co-operative Ltd, Submission 42,
p. 1; and Australian Legal Assistance Forum, Submission 24, p. 2.
[4]
Government Response, Senate Hansard, 7 February 2006, pp 61-83
[5]
Assoc. Prof. Simon Rice OAM & Assoc. Prof. Molly O'Brien, Submission
3, p. 3.
[6]
Senate Standing Committee on Legal and Constitutional Affairs, Inquiry
into the legal aid system (third report), June 1998, Recommendation 14, p.
135.
[7]
Assoc. Prof. Simon Rice OAM & Assoc. Prof. Molly O'Brien, Submission
3, p. 3.
[8]
Law Council of Australia, Submission 12, p. 4; Australian Legal
Assistance Forum, Submission 24, p. 2; and Victorian Aboriginal Legal
Service Co‑operative Ltd, Submission 42, p. 1.
[9]
National Association of Community Legal Centres, Submission 1, p.
2; Combined Community Legal Centres' Group NSW (Inc), Submission 44, p.
3; and PIAC, Submission 50, p. 2.
[10]
National Association of Community Legal Centres, Submission 1, pp
2-3; Combined Community Legal Centres' Group NSW (Inc), Submission 44,
p. 4; and Aboriginal Legal Rights Movement Inc. Submission 61, p. 1.
[11]
National Association of Community Legal Centres, Submission 1, p.
9; and Combined Community Legal Centres' Group NSW (Inc), Submission 44,
p. 8.
[12]
For example, Australian Legal Assistance Forum, Submission 24, p.
3.
[13]
National Legal Aid, Submission 34, p. 16; Australian Legal
Assistance Forum, Submission 24, p. 3; and Victorian Aboriginal Legal
Service Co-operative Ltd, Submission 42, p. 2.
[14]
National Association of Community Legal Centres, Submission 1, p.
9; Mr Norman Reaburn, Chair, National Legal Aid, Committee Hansard,
Melbourne, 15 July 2009, p. 65; Victorian Aboriginal Legal Service
Co-operative Ltd, Submission 42, p. 2; Mr Robert Stary, Executive
Committee, Criminal Law Section, LIV, Committee Hansard, Melbourne, 15
July 2009, p. 72; PILCH, Submission 33, p. 34; Care Inc. Financial
Counselling Services and Consumer Law Centre of the ACT, Submission 9,
p. 4; and Gilbert & Tobin, Submission 45, p. 4.
[15]
Law Council of Australia, Submission 12, p. 4; and
[16]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, p. 39.
[17]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 11, p. xxiv.
[18]
Government Response, Senate Hansard, 7 February 2006, p. 66.
[19]
Mr Norman Reaburn, Chair, National Legal Aid, Committee Hansard,
Melbourne, 15 July 2009, p. 59.
[20]
National Legal Aid, Submission 34, pp 12-13.
[21]
National Legal Aid, Submission 34, pp 3, 10, 13 & 16‑17;
Australian Legal Assistance Forum, Submission 24, p. 2; and Victorian
Aboriginal Legal Service Co‑operative Ltd, Submission 42, p. 2.
[22]
For example, Disability Advocacy NSW Inc., Submission 60, p. 4.
[23]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, p. 15.
[24]
Mr Norman Reaburn, Chair, National Legal Aid, Committee Hansard,
Melbourne, 15 July 2009, p. 59.
[25]
National Legal Aid, Submission 34, p. 5.
[26]
Standing Committee of Attorneys‑General, Communiqué, 6‑7 August 2009,
p. 2.
[27]
Attorney‑General's Department, Submission 54, p. 8.
[28]
Article 14(1) & (3) of the International Covenant on Civil and
Political Rights; and United Nations Human Rights Committee, General Comment
32, CCPR/c/GC/32, 23 August 2007, p. 10.
[29]
PILCH, Submission 33, p. 10; and NSW Young Lawyers, Human Rights
Committee, Submission 28, p. 2.
[30]
NSW Young Lawyers, Human Rights Committee, Submission 28, p. 3.
[31]
Section 24 of the Charter of Human Rights and Responsibilities (Victoria)
[32]
Liberty Victoria, Submission 25, p. 1; Law Institute of Victoria, Submission
11, p. 6 ; and Australian Lawyers for Human Rights, Submission 46,
p. 4.
[33]
Law Society of NSW, Submission 41, p. 2; Law Council of Australia, Submission
12, p. 7; and NSW Young Lawyers, Human Rights Committee, Submission 28,
p.1.
[34]
Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, p. 4.
[35]
United Nations Human Rights Committee, Consideration of the Reports
Submitted by States Parties Under Article 40 of the Covenant : Concluding Observations
of the Human Rights Committee, Ninety-Fifth session, 2 April 2009
(CCPR/C/AUS/CO/5) para 25
[36]
United Nations Committee on the Rights of the Child, Consideration of
the Reports Submitted by States Parties Under Article 44 of the Convention : Concluding
Observations‑Australia, Fortieth session, 20 October 2005
(CRC/C/15/Add) para 268
[37]
Australian Law Reform Commission, Seen and Heard: Priority for Children
in the Legal Process, ALRC 84, 1997; and National Children's and Youth Law
Centre, Submission 55, pp 2‑6.
[38]
Attorney‑General's Department, Submission 54, p. 1.
[39]
Attorney‑General's Department, Submission 54, p. 1.
[40]
Attorney‑General's Department, Submission 54, pp 1‑2.
[41]
Liberty Victoria, Submission 25, p. 2.
[42]
Australian Lawyers Alliance, Submission 27, p. 5; and Australian
Lawyers for Human Rights, Submission 46, p. 4.
[43]
NSW Young Lawyers, Human Rights Committee, Submission 28, p. 6; and
Mr Mark Woods, Law Council of Australia, Committee Hansard, Canberra, 27
October 2009, p. 26.
[44]
Australian Lawyers Alliance, Submission 49, pp 7‑8; PILCH, Submission
33, p. 18; and NSW Young Lawyers, Human Rights Committee, Submission 28,
p. 5.
[45]
National Legal Aid, Submission 34, p. 3.
[46]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, p. xx; North Australian Aboriginal
Justice Agency, Submission 6, pp 7‑10; and Women's Legal
Service (SA) Inc., Submission 56, p. 6.
[47]
For example, the ACT Pro Bono Clearing House, NSW Law Society Pro Bono
Scheme, Public Interest Law Clearing House (NSW), NSW Bar Association Legal
Assistance Referral Scheme, Queensland Public Interest Law Clearing House, Bar
Association of Queensland, Homeless Persons Legal Clinic (Victoria), Public
Interest Law Clearing House (Vic), Victorian Bar Legal Assistance Scheme, Law
Society of Western Australia Law Access Public Interest Law Clearing House, and
Northern Territory Pro Bono Clearing House.
[48]
Federal Court of Australia, Submission 57, p. 1; Federal
Magistrates Court, Answer to Question on Notice (7 August 2009) p. 4; DLA
Phillips Fox, Submission 32, pp 7-8; and National Pro Bono Resource
Centre, Submission 49, p. 6.
[49]
National Pro Bono Resource Centre, Submission 49, p. 4.
[50]
DLA Phillips Fox, Submission 32, p. 24.
[51]
National Pro Bono Resource Centre, Submission 49, p. 9.
[52]
DLA Phillips Fox, Submission 32, p. 5; and Gilbert & Tobin, Submission
45, p.1.
[53]
DLA Phillips Fox, Submission 32, p. 6.
[54]
Mr Mark Woods, Law Council of Australia, Committee Hansard,
Canberra, 27 October 2009, p. 22.
[55]
National Pro Bono Resource Centre, Report on the pro bono legal work of
individual Australian Solicitors, December 2007, p. 4; National Pro Bono
Resource Centre, Report on the pro bono work of individual Australian
Barristers, November 2008, p. 11; National Pro Bono Resource Centre, Report
on the pro bono legal work of 25 large Australian Law Firms, September
2008, p. 4.
[56]
National Pro Bono Resource Centre, Submission 49 p. 8.
[57]
Gilbert & Tobin, Submission 45, pp 1‑2.
[58]
DLA Phillips Fox, Submission 32, p. 7.
[59]
DLA Phillips Fox, Submission 32, p. 2; and PILCHConnect, Submission
20, p. 6.
[60]
PILCH, Submission 33, pp 18-19.
[61]
Mr Julian Burnside QC quoted in DLA Phillips Fox, Submission 32, p.
10.
[62]
National Pro Bono Research Centre, Submission 49, p. 10; PILCH, Submission
33, p. 19; Gilbert & Tobin, Submission 45, p.3; and PIAC, Submission50,
p. 6.
[63]
DLA Phillips Fox, Submission 32, pp 10‑11; and Law Society of
NSW, Submission 41, p. 3.
[64]
Australian Lawyers Alliance, Submission 27, p. 20; and North
Australian Aboriginal Justice Agency, Submission 6, p. 14.
[65]
Australian Lawyers for Human Rights, Submission 46, p. 8; and
United Nations Human Rights Committee, Consideration of the Reports Submitted
by States Parties Under Article 40 of the Covenant : Concluding Observations of
the Human Rights Committee, Ninety‑Fifth session, 2 April 2009
(CCPR/C/AUS/CO/5) para 18
[66]
Mr Danny Barlow, President, LIV, Committee Hansard, Melbourne, 15
July 2009, p. 75.
[67]
Mr Danny Barlow, President, LIV, Committee Hansard, Melbourne, 15
July 2009, p. 74; and Mr Tim Mulvany, LIV, Committee Hansard, Melbourne,
15 July 2009, p. 75.
[68]
Mr Nicolas Patrick, Committee Hansard, Sydney, 11 September 2009,
p. 46.
[69]
Mr John Corker, President, National Pro Bono Resource Centre, Committee
Hansard, Sydney, 11 September 2009, p. 62.
[70]
Mr John Corker, President, National Pro Bono Resource Centre, Committee
Hansard, Sydney, 11 September 2009, p. 65.
[71]
PILCH, Submission 33, pp 19-20; and Mr Mathew Tinkler, PILCH (Vic),
Committee Hansard, Melbourne, 15 July 2009, pp 38-39.
[72]
Mr Mathew Tinkler, PILCH (Vic), Committee Hansard, Melbourne, 15
July 2009, p. 38.
[73]
Mr Nicolas Patrick, Committee Hansard, Sydney, 11 September 2009,
p. 49
[74]
Mr Mathew Tinkler, PILCH (Vic), Committee Hansard, Melbourne, 15
July 2009, pp 38, 46 & 50-51.
[75]
National Pro Bono Resource Centre, 'Lawyers Aspiring to do More', Media
Release, 1 October 2009; and National Pro Bono Resource Centre,
Second Performance Report on the National Pro Bono Aspirational Target,
September 2009, p. 2.
[76]
Attorney‑General's Department, Legal Services Directions 2005,
Appendix F, para 4.
[77]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, p. 134.
[78]
PILCH, Submission 33, pp 20-21; NSW Young Lawyers, Human Rights
Committee, Submission 28, p. 7; Women's Legal Service (SA) Inc., Submission
59, p. 19; and Mr Mark Woods, Law Council of Australia, Committee
Hansard, Canberra, 27 October 2009, p. 28.
[79]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, p. 135.
[80]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendations 34-40, pp xxviii-xxix.
[81]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 35, p. xxviii.
[82]
Government Response, Senate Hansard, 7 February 2009, p. 76; and
Attorney‑General's Department, Submission 54, p. 2.
[83]
Aboriginal Legal Service of Western Australia, Submission 62, p. 6.
[84]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 37, p. xxviii.
[85]
Government Response, Senate Hansard, 7 February 2009, p. 76.
[86]
Law Council of Australia, Submission 12, p. 7.
[87]
Law Council of Australia, Submission 12, p. 8; and Mr Danny Barlow,
President, LIV, Committee Hansard, Melbourne, 15 July 2009, p. 80.
[88]
The Hon. Robert McClelland MP, Attorney‑General, 'Funding for
retired and career break lawyers project', Media Release, 10 June 2009
[89]
Attorney‑General's Department, Submission 54, p. 2.
[90]
Law Council of Australia, Submission 12, p. 8; and Australian
Lawyers for Human Rights, Submission 46, p. 4.
[91]
Law Council of Australia, Submission 12, p. 9; Mr Danny Barlow,
President, LIV, Committee Hansard, Melbourne, 15 July 2009, p. 80; Central
Queensland Community Legal Centre Inc., Submission 47, p. 5; and Gilbert
& Tobin, Submission 45, p. 7.
[92]
Mr Mark Woods, Law Council of Australia, Committee Hansard,
Canberra, 27 October 2009, p. 30.
[93]
Law Council of Australia, Submission 12, p. 9.
[94]
For example, Care Inc. Financial Counselling Services and Consumer Law
Centre of the ACT, Submission 9, p. 4.
[95]
Ms Liz Pinnock, Hunter Community Legal Centre Inc., Committee Hansard,
Canberra, 27 October 2009, p. 7.
[96]
Justice Action, Submission 68, p. 3.
[97]
AustLII, Submission 23, p. 2.
[98]
Mr Matt Minogue, Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, pp 38‑39.
[99]
For example, National Children's and Youth Law Centre, Submission54;
Mr Brett Collins, Co‑ordinator, Justice Action, Committee Hansard,
Sydney, 11 September 2009, pp 75-76.
[100] NSW Young Lawyers Human
Rights Committee, Answer to Question on Notice (22 September 2009),
pp 2-3.
[101] West Heidelberg Community
Legal Services, Submission 37, p. 4; and NSW Young Lawyers, Human Rights
Committee, Submission 28, p. 7.
[102] DLA Phillips Fox, Submission
32, p. 18.
[103] Grunseit A,
Forell S, McCarron E, Taking Justice into custody: the legal needs of
prisoners, June 2008, Law and Justice Foundation, p. xvii.
[104] Ms Kate Davis, Women's Legal
Services Australia and Women's Law Centre WA, Committee Hansard, Perth,
13 July 2009, pp 15-16.
[105] DLA Phillips Fox, Submission
32, p. 21; and Justice Action, Submission 68, p. 3.
[106] DLA Phillips Fox, Submission
32, pp 22-23.
Chapter 3 - The adequacy of legal aid
[1]
Attorney‑General's Department, Submission 54, p. 2.
[2]
Attorney‑General's Department, Commonwealth Legal Aid
Priorities and Guidelines, July 1997, Guideline 2(1)(a) & (b)
[3]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, pp 3-8.
[4]
The Hon. Robert McClelland MP, Attorney‑General, 'Funding for
Legal Assistance Services', Media Release, 9 May 2009; and Mr Roger Wilkins AO,
Attorney‑General's Department, Estimates Hansard, 27 May 2009, p.
39.
[5]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, pp 9-12.
[6]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 2, p. xxiii.
[7]
Government Response, Senate Hansard, 7 February 2006, p. 63.
[8]
Victoria Legal Aid, Annual Report 2007-08, p. 3; and PILCH, Submission
33, p. 27.
[9]
Dr Albin Smrdel, Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 44.
[10]
Mr Norman Reaburn, Chair, National Legal Aid, Committee Hansard,
Melbourne, 15 July 2009, pp 61-62.
[11]
Victoria Legal Aid, Thirteenth Statutory Annual Report: 2007‑08, p.
4.
[12]
NSW Legal Aid, Annual Report 2007‑08, p. 62.
[13]
Law Council of Australia, Submission 12, p. 5.
[14]
Mr Norman Reaburn, Chair, NLA, Committee Hansard, Melbourne, 15
July 2009, pp 60-61; and Mr Danny Barlow, President, LIV, Committee Hansard,
Melbourne, 15 July 2009, p. 76.
[15]
Australian Legal Assistance Forum, Submission 24, p. 2; Women's
Legal Centre (ACT & Region) Inc., Submission 51, p. 3; Victorian
Aboriginal Legal Service Co‑operative Ltd, Submission 42, p. 2;
NSW Young Lawyers, Human Rights Committee, Submission 28, pp 8-9; and
DLA Phillips Fox, Submission 32, p. 6.
[16]
Mr Norman Reaburn, Chair, National Legal Aid, Committee Hansard,
Melbourne, 15 July 2009, pp 63-64.
[17]
Queensland Legal Aid, Annual Report 2007-08, p. 97; and Russo Lawyers, Submission
58, p. 4.
[18]
Law Institute of Victoria, Submission 11, p. 6.
[19]
National Legal Aid, Submission 34, pp 18 & 24.
[20]
Mr Michael Poynder, Co‑ordinator, Justice Action, Committee Hansard,
Sydney, 11 September 2009, p. 71; Law Society of NSW, Submission 41,
p. 2; and Australian Lawyers for Human Rights, Submission 43, p. 3.
[21]
Law Council of Australia, Submission 12, pp 5-6.
[22]
Chief Justice Murray Gleeson, State of Judicature (speech delivered
at the Australian Legal Convention, Canberra, 10 October 1999)
[23]
Chief Justice Diana Bryant, Family Court of Australia & Chief Federal Magistrate
John Pascoe, Committee Hansard, Melbourne, 15 July 2009, p. 2.
[24]
National Legal Aid, Submission 34, p. 18.
[25]
Victoria Legal Aid, Annual Report 2007-08, p. 3; Family Court of Australia
& Federal Magistrates Court, Submission 31, p. 7; and PILCH, Submission
33, p. 28.
[26]
Mr Robert Stary, Executive Committee, Criminal Law Section, LIV, Committee
Hansard, Melbourne, 15 July 2009, p. 70.
[27]
Chief Justice Diana Bryant, Family Court of Australia, Committee
Hansard, Melbourne, 15 July 2009, pp 2-3, 10 & 12; Chief Federal
Magistrate John Pascoe, Federal Magistrates Court, Committee Hansard,
Melbourne, 15 July 2009, p. 11; Family Court of Australia & Federal
Magistrates Court, Submission 31, pp 7-8; and Law Institute of
Victoria, Submission 11, p. 7.
[28]
Mr Tim Mulvany, LIV, Committee Hansard, Melbourne, 15 July 2009, p.
77.
[29]
Mr Tim Mulvany, LIV, Committee Hansard, Melbourne, 15 July 2009, p.
76.
[30]
Senate Legal and Constitutional References Committee, Legal aid and access
to justice, June 2004, Recommendations 21 & 22, p. xxvi.
[31]
Government Response, Senate Hansard, 7 February 2006, p. 71.
[32]
Women's Legal Service (SA) Inc., Submission 59, pp 12-13; and
Women's Legal Service Victoria, Submission 71, p. 6.
[33]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 16, p. xxv.
[34]
Government Response, Senate Hansard, 7 February 2006, p. 68.
[35]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, p. 48; and Women's Legal Service
Victoria, Submission 71, pp 4‑5.
[36]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 12, p. xxiv.
[37]
Government Response, Senate Hansard, 7 February 2006, p. 66.
[38]
National Association of Community Legal Centres, Answer to Question on
Notice (11 September 2009)
[39]
Senate Legal and Constitutional References Committee, Inquiry into
legal aid and access to justice, June 2004, Recommendation 14; and Family
Court of Australia & Federal Magistrates Court, Submission 31, p. 4.
[40]
Government Response, Senate Hansard, 7 February 2006, p. 67.
[41]
National Legal Aid, Submission 34, p. 24; and Women's Legal Centre
(ACT and Region), Submission 51, p. 7.
[42]
National Legal Aid, Submission 34, pp 19-20; Law Council of
Australia, Submission 12, pp 14‑15; National Pro Bono Resource
Centre, Submission 49, p. 12; Care Inc. Financial Counselling Services
and Consumer Law Centre of the ACT, Submission 9, p. 3; PILCH, Submission33,
p. 27; and Australian Environmental Defender's Office, Submission 29,
p. 7.
[43]
Commonwealth Priorities and Guidelines, Part 4, Guideline 3.1(1)
[44]
Law Council of Australia, Submission 12, pp 9-10; Federal Court of
Australia, Submission 57, pp 1-2; and Mr Norman Reaburn, Chair,
National Legal Aid, Committee Hansard, Melbourne, 15 July 2009, p. 63.
[45]
La Trobe University, Submission 13, p. 2.
[46]
Gilbert & Tobin, Submission 45, p. 2.
[47]
Law Council of Australia, Submission 12, p. 10; and National Legal
Aid, Submission 34, p. 25.
[48]
Senate Legal and Constitutional References Committee, Legal aid and access
to justice, June 2004, Recommendations 41 & 42, pp 143 & 146.
[49]
Government Response, Senate Hansard, 7 February 2006, p. 77.
[50]
SCALES Community Legal Centre, Submission 39, p. 8; National Pro
Bono Resource Centre, Submission 49, p. 11; and Tony Woodyatt, ‘Working
Together: Self‑Representation’, paper presented at the National Access to
Justice and Pro Bono Conference, November 2008, p. 2.
[51]
Central Queensland Community Legal Centre Inc., Submission 47, p.
4; and Women's Legal Service (SA) Inc., Submission 56, p. 6.
[52]
National Legal Aid, A New National Policy for Legal Aid in Australia,
p. 17.
[53]
NSW Legal Aid, Annual Report 2007-08, p. 16.
[54]
National Legal Aid, A New National Policy for Legal Aid in Australia,
p. 3.
[55]
Australian Lawyers for Human Rights, Submission 43, p. 8.
[56]
National Legal Aid, A New National Policy for Legal Aid in Australia,
November 2007, p. 16; and Law Council of Australia, Submission 12, p.
16.
[57]
Law Council of Australia, Submission 12, pp 14-15; National Pro
Bono Resource Centre, Submission 49, p. 12; and PILCH, Submission 33,
p. 33.
[58]
Attorney-General's Department , A Strategic Framework for Access to
Justice in the Federal Civil Justice System, September 2009; and Attorney‑General's
Department, Estimates Answer to Question on Notice No. 132 (27 May 2009).
[59]
Dr Albin Smrdel, Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 45.
[60]
Dr Andrew Cannon, Submission 15, p. 4; and Mr Maxwell Walker, Submission
18
[61]
Mr Robert Stary, Executive Committee, Criminal Law Section, LIV, Committee
Hansard, Melbourne, 15 July 2009, p. 69; Women's Legal Centre (ACT and
Region), Submission 51, p. 3; and PIAC, Submission 50
[62]
National Pro Bono Resource Centre, Submission 49, p. 11.
[63]
Mr Robert Stary, Executive Committee, Criminal Law Section, LIV, Committee
Hansard, Melbourne, 15 July 2009, p. 70; and Mr Mark Woods, Law Council of
Australia, Committee Hansard, Canberra, 27 October 2009, p. 24.
[64]
Department of Parliamentary Services, Parliamentary Library, Client
Memorandum, 27 May 2009, p. 7.
[65]
National Legal Aid, A New National Policy for Legal Aid in Australia,
November 2007
[66]
Mr Norman Reaburn, Chair, National Legal Aid, Committee Hansard,
Melbourne, 15 July 2009, p. 57.
[67]
Law Society of NSW, Submission 41, p. 2.
[68]
For example, Liberty Victoria, Submission 25, p. 2; and NSW Young
Lawyers, Human Rights Committee, Submission 28, p. 9.
[69]
Senate Legal and Constitutional References Committee, Legal Aid and
Access to Justice, June 2004, p. 33.
[70]
Senate Legal and Constitutional References Committee, Legal Aid and Access
to Justice, June 2004, Recommendations 9‑10, p. xxiv.
[71]
Government Response, Senate Hansard, 7 February 2006, p. 65.
[72]
Australian Legal Assistance Forum, Submission 24, p. 3; National
Legal Aid, Submission 34, pp 23-24; Victorian Aboriginal Legal Service
Co-operative Ltd, Submission 42, p. 3; and National Legal Aid, Policy
and Position Statement, July 2008, pp 1-2.
[73]
Law Institute of Victoria, Submission 11; PILCH, Submission 33,
pp 48-49; and Australian Lawyers for Human Rights, Submission 43, p. 5.
[74]
Law Council of Australia, Submission 12, pp 11-12.
[75]
Law Council of Australia, Submission 12, pp 11‑12; and Ms
Julia Hall, NACLC, Committee Hansard, Sydney, 11 September 2009, pp 31
& 37.
[76]
Mr Mark Woods, Law Council of Australia, Committee Hansard,
Canberra, 27 October 2009, p. 25.
[77]
Attorney‑General's Department, Submission 54, p. 2; and Mr
Matt Minogue, Assistant Secretary, and Dr Albin Smrdel, Assistant Secretary,
AGD, Committee Hansard, Canberra, 27 October 2009, p. 41.
[78]
Attorney‑General's Department, Estimates Answer to Question on
Notice No. 128 (27 May 2009)
[79]
Law Council of Australia, Submission 12, p. 10; and National Legal
Aid, Submission 34, p. 23.
[80]
Law Council of Australia, Submission 12, p. 10.
[81]
Clauses 6.4-6.7 of the Commonwealth Legal Aid Priorities
[82]
Schedule 3 of the Commonwealth Legal Aid Guidelines
[83]
PILCH, Submission 33, p. 24; and Law Institute of Victoria, Submission
11, p. 5.
[84]
http://www.legalaid.vic.gov.au/xfw/364.htm
(accessed 28 October 2009)
[85]
Justice Alastair Nicholson, Chief Justice, Family Court of Australia, Committee
Hansard, 10 March 2004, Canberra, p. 5; Mr Julian Burnside QC, Access
to Justice, Presentation to Access to Justice and Pro Bono Conference, 10-11
August 2006; and Women's Legal Service Victoria, Submission 71, p. 9.
[86]
National Legal Aid, Submission 34, p.16; NSW Young Lawyers, Human
Rights Committee, Submission 28, p. 6; and Australian Environmental
Defender's Office, Submission 29, p. 7.
[87]
Women's Legal Service (SA) Inc., Submission 56, pp 6‑7; Ms
Deanne de Leeuw, Submission 19, pp 9-10; and Russo Lawyers, Submission
58, pp 2-3.
[88]
Women's Legal Centre (ACT and Region), Submission 51, p. 4.
[89]
Law Council of Australia, Submission 12, pp 13-14; Pilch, Submission
33, pp 24-25; and Russo Lawyers, Submission 58, p. 3.
[90]
Senate Legal and Constitutional References Committee, Legal Aid and
Access to Justice, June 2004, Recommendation 3, p. xxiii.
Chapter 4 - The Cost of Delivering Justice
[1]
Attorney-General's Portfolio, Portfolio Budget Statements 2009-10, pp
320, 338, 352, 366.
[2]
Federal Court of Australia, Small Registry Review – Consultation Paper
[12 April 2009]
[3]
Mr Luke Rheinberger, Law Society of Tasmania, Committee Hansard,
Canberra, 27 October 2009, p. 19.
[4]
For example, Senate Legal and Constitutional Affairs Committee, Estimates
Hansard, 19 October 2009, pp 51‑ 59.
[5]
Mr Luke Rheinberger, Law Society of Tasmania, Committee Hansard,
Canberra, 27 October 2009, p. 18; and Senate Journal No. 94, 27
October 2009, pp 2634-2635.
[6]
Government Amendment No. 1, Proposed Subsection 34(3) of the Federal
Court of Australia Act 1976
[7]
The Hon. Robert McClelland MP, Attorney‑General, House Hansard,
18 November 2009, pp 94‑95.
[8]
For example, see Attorney‑General's Department, A Strategic
Framework for Access to Justice in the Federal Civil Justice System,
September 2009, pp 34-40.
[9]
PILCH, Submission 33, p. 11; and NSW Young Lawyers, Human Rights
Committee, Submission 28, p. 9.
[10]
DLA Phillips Fox, Submission 32, p. 27; Australian Lawyers
Alliance, Submission 27, p. 13; Australian Lawyers for Human Rights,
Submission 46, p. 4; PILCH, Submission 33, p. 12; and National
Pro Bono Resource Centre, Submission 49, pp 12-13.
[11]
Russo Lawyers, Submission 58, p. 5.
[12]
DLA Phillips Fox, Submission 32, p. 28; Gilbert & Tobin, Submission
45, p. 6; National Pro Bono Resource Centre, Submission 49, p. 13;
and PILCH, Submission 33, p. 11.
[13]
PILCHConnect, Submission 20, p. 8; and Mr Mathew Tinkler, PILCH
(Vic), Committee Hansard, Melbourne, 15 July 2009, p. 43.
[14]
Pilch, Submission 33, p. 13.
[15]
DLA Phillips Fox, Submission 32, pp 29-30.
[16]
Gilbert & Tobin, Submission 45, p. 5.
[17]
Law Council of Australia, Submission 12, p. 28; and
Attorney-General's Department, Submission 54, p. 4.
[18]
http://www.scag.gov.au/lawlink/SCAG/ll_scag.nsf/pages/scag_meetingoutcomes
(accessed 20 October 2009); and Attorney-General's Department, Submission
54, p. 4.
[19]
DLA Phillips Fox, Submission 32, pp 31-32; PILCHConnect, Submission
20, p. 9; National Pro Bono Resource Centre, Submission 49, p. 14;
Australian Environmental Defender's Office, Submission 29, pp 8-9; and
PIAC, Submission 50, p. 21.
[20]
PILCH, Submission 33, p. 14; National Pro Bono Resource Centre, Submission
49, p. 14; and DLA Phillips Fox, Submission 32, pp 32-33.
[21]
For example, Liberty Victoria, Submission 25, p. 2; and Australian
Environmental Defender's Office, Submission 29, pp 7-8 & 13.
[22]
DLA Phillips Fox, Submission 32, p. 33.
[23]
Oshlack v Richmond River Council (1998) 193 CLR 72
[24]
Ruddock v Vadarlis (No. 2) 115 FCR 229
[25]
PILCH, Submission 33, pp 14 & 16; National Pro Bono Resource
Centre, Submission 49, p. 14; PILCHConnect, Submission 20, p. 9;
Australian Environmental Defender's Office, Submission 29, pp 9-12;
and Mr Mark Blumer, Australian Lawyers Alliance, Committee Hansard,
Sydney, 11 September 2009, p. 13.
[26]
Mr Mathew Tinkler, PILCH (Vic), Committee Hansard, Melbourne, 15
July 2009, pp 38-39.
[27]
NSW Young Lawyers, Human Rights Committee, Submission 28, p. 10;
and Women's Legal Centre (ACT and Region), Submission 51, p. 6.
[28]
Chief Justice Diana Bryant, Family Court of Australia, Committee
Hansard, Melbourne, 15 July 2009, p. 8.
[29]
Chief Federal Magistrate John Pascoe, Federal Magistrates Court, Committee
Hansard, Melbourne, 15 July 2009, p. 8.
[30]
Gilbert & Tobin, Submission 45, p. 4; Women's Legal Service
(SA) Inc., Submission 56, p. 9; and Women's Legal Service Victoria,
Submission 71, p. 9.
[31]
TNS Social Research, Study of the Participation of Private Legal
Practitioners in the Provision of Legal Aid Services in Australia, December
2006, p. v.
[32]
TNS Social Research, Study of the Participation of Private Legal
Practitioners in the Provision of Legal Aid Services in Australia, December
2006, pp vi-vii.
[33]
TNS Social Research, Study of the Participation of Private Legal
Practitioners in the Provision of Legal Aid Services in Australia, December
2006, p. viii.
[34]
TNS Social Research, Study of the Participation of Private Legal
Practitioners in the Provision of Legal Aid Services in Australia, December
2006, p. vii-ix.
[35]
Law Council of Australia, Erosion of Legal Representation in the
Australian Justice System, February 2004, p. 24.
[36]
Law Council of Australia, Submission 12, pp 18-19; and Law
Institute of Victoria, Submission 11, p. 5.
[37]
Law Institute of Victoria, Submission 11, p. 4.
[38]
Law Institute of Victoria, Submission 11, p. 5.
[39]
Law Institute of Victoria, Submission 11, p. 4.
[40]
PricewaterhouseCoopers, Review of Fees Paid by Victoria Legal Aid to
Barristers in Criminal Cases, April 2008, p. 2.
[41]
Mr Geoffrey Digby QC, Victorian Bar Council, Committee Hansard, 15
July 2009, Melbourne, p. 32.
[42]
PricewaterhouseCoopers, Review of Fees Paid by Victoria Legal Aid to
Barristers in Criminal Cases, April 2008, p. 2.
[43]
Mr Geoffrey Digby QC, Victorian Bar Council, Committee Hansard, 15
July 2009, Melbourne, pp 29-30.
[44]
Law Council of Australia, Submission 12, p. 21; and Mr Geoffrey Digby
QC, Victorian Bar Council, Committee Hansard, Melbourne 15 July 2009, p.
29.
[45]
Law Institute of Victoria, Submission 11, p. 5.
[46]
Mr Geoffrey Digby QC, Victorian Bar Council, Committee Hansard, 15
July 2009, Melbourne, p. 28.
[47]
Mr Norman Reaburn, Chair, National Legal Aid, Committee Hansard,
Melbourne, 15 July 2009, p. 58.
[48]
Law Council of Australia, Submission 12, pp 20-21.
[49]
Law Council of Australia, Submission 12, p. 21.
[50]
Australian Lawyers Alliance, Submission 27, p. 15; and Law Council
of Australia, Submission 12, p. 22.
[51]
Law Council of Australia, Submission 12, p. 22.
[52]
National Legal Aid, Submission 34, p. 27.
Chapter 5 - Measures to reduce the length and complexity of litigation and improve efficiency
[1]
Australian Law Reform Commission, Costs Shifting: Who pays for
litigation?, Report No. 75
[2]
A useful description of litigation funding is provided by the Law
Council of Australia: see Submission 12.
[3]
Law Council of Australia, Submission 12, pp 27 & 28; and QPSX
v. Ericsson (No. 3) (2000) 66 IPLR 277 per French J at 289 – 90.
[4]
The Women's Legal Centre (ACT and Region) also commented on litigation
funding in the context of family law but did not endorse its increasing
replacement of contingency fee arrangements: see Submission 51
[5]
Access to Justice (Civil Litigation Reforms) Amendment Bill 2009, Explanatory
Memorandum, p. 3.
[6]
Mr Matt Minogue, Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 43.
[7]
Federal Court of Australia, Submission 57, p. 2.
[8]
Federal Court of Australia, Submission 57, pp 2-3.
[9]
Access to Justice (Civil Litigation Reforms) Amendment Bill 2009,
Federal Court of Australia, Submission 4, p. 1; Law Council of
Australia, Submission 12, p. 26; and NSW Young Lawyers, Human Rights
Committee, Submission 28, p. 15.
[10]
Family Court of Australia & Federal Magistrates Court, Submission
31, pp 9-11.
[11]
Family Court of Australia and Federal Magistrates Court, Submission 31,
pp 11-12.
[12]
Australian Lawyers Alliance, Submission 27, p. 15.
[13]
Family Court of Australia and Federal Magistrates Court, Submission 31,
p. 12.
[14]
Attorney-General's Department, Family Dispute Resolution Services in
Legal Aid Commissions: Evaluation Report, April 2009, pp 77 & 92; and
National Legal Aid, Submission 34, p. 26.
[15]
The Hon. Robert McClelland MP, Attorney-General, 'Family dispute
resolution keeps families out of court', Media Release, 2 April 2009
[16]
Women's Legal Centre (ACT and Region), Submission 51, pp 7-8.
[17]
Family Court of Australia and Federal Magistrates Court, Submission 31,
p. 12.
[18] http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/publications/All+Publications/D+to+M/FCOA_br_Less_Adversarial_Trials
(accessed 7 August 2009)
[19]
National Alternative Dispute Resolution Advisory Council quoted in Family
Court of Australia and Federal Magistrates Court, Submission 31, pp
12-13; and Division 12A Part VII of the Family Law Act 1975 (Cth)
[20]
Family Court of Australia and Federal Magistrates Court, Submission 31,
p. 14.
[21]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Chapter 10
[22]
National Pro Bono Resource Centre, Submission 49, p. 8.
[23]
Australian Institute of Judicial Administration and the Federal Court of
Australia, Forum on Self-Represented Litigants, Forum on Self‑Represented
Litigants, 17 September 2004, p. 1.
[24]
Chief Justice Diana Bryant, Self Represented and Vexatious Litigants in
the Family Court of Australia, 2006, p. 2; and Family Court of Australia
and Federal Magistrates Court, Submission 31, pp 4-5.
[25]
Family Court of Australia, Annual Report 2007-08, p. 58.
[26]
Federal Magistrates Court, Answer to Question on Notice (7 August 2009) p.
1.
[27]
Chief Justice Diana Bryant, Family Court of Australia, Committee
Hansard, Melbourne, 15 July 2009, pp 2-3; and Chief Federal Magistrate
John Pascoe, Federal Magistrates Court, Committee Hansard, Melbourne, 15
July 2009, pp 2 & 4.
[28]
Legal and Constitutional References Committee, Inquiry into the Legal
Aid System (Third Report), June 1998, para 3.22.
[29]
For example, Law Council of Australia, Submission 12, p. 6; and Law
Society of NSW, Submission 41.
[30]
Family Court of Australia & Federal Magistrates Court, Submission
31, pp 6-7.
[31]
Prof. John Dewar, Barry Smith & Cate Banks, Litigants in Person in
the Family Court of Australia, 2000: see http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/publications/Papers/archived/FCOA_pr_Litigants_in_person
(accessed 10 August 2009)
[32]
Liberty Victoria, Submission 25, pp 2-3.
[33]
NSW Young Lawyers, Human Rights Committee, Submission 28, pp 10
& 13.
[34]
PILCH, Submission 33, pp 39-40; and Australian Lawyers Alliance, Submission
27, p. 12.
[35]
National Pro Bono Resource Centre, Submission 49, p. 7.
[36]
NSW Young Lawyers, Human Rights Committee, Submission 28, pp 6-7;
and Russo Lawyers, Submission 58, p. 3.
[37]
PILCH, Submission 33, pp 40-41.
[38]
Prof. John Dewar, Barry Smith & Cate Banks, Litigants in Person in
the Family Court of Australia, 2000, p. 47.
[39]
PILCH, Submission 33, pp 42-43; NSW Young Lawyers, Human Rights
Committee, Submission 28, p. 14; and Mr Ian Chivers, Submission 63
[40]
NSW Young Lawyers, Human Rights Committee, Answer to Questions on Notice
(22 September 2009) pp 2-3.
Chapter 6 - Alternative means of delivering justice
[1]
National Legal Aid, Submission 34, p. 26; and Mr Matt Minogue,
Assistant Secretary, AGD, Committee Hansard, Canberra, 27 October 2009,
p. 39.
[2]
Mr Matt Minogue, Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 39.
[3]
For example, Aboriginal Family Violence Prevention & Legal Service
Victoria, Answers to Questions on Notice (22 July 2009) pp 3 & 7; and
Gilbert & Tobin, Submission 45, pp 7-8.
[4]
West Heidelberg Community Legal Service, Submission 37, pp 9-10;
and Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, p. 10.
[5]
Assoc. Prof. Mary Anne Noone & Ms Kate Digney, Submission 7,
pp 2-4; and Central Queensland Community Legal Centre Inc., Submission 47,
p. 3.
[6]
Women's Legal Service (SA) Inc., Submission 59, p. 15.
[7]
Ms Mary Anne Noone, Committee Hansard, Melbourne, 15 July 2009,
p. 94.
[8]
Central Queensland Community Legal Centre Inc., Submission 47, pp
3-4.
[9]
Law Society of NSW, Submission 41, pp 2-4.
[10]
West Heidelberg Community Legal Service, Submission 37, p. 7.
[11]
Ms Elizabeth Snell, NSW Young Lawyers, Human Rights Committee, Committee
Hansard, Sydney, 11 September 2009, p. 5.
[12]
Australian Lawyers Alliance, Submission 27, p. 16.
[13]
Employment Law Centre of WA (Inc.), Submission 26, p. 4.
[14]
Women's Legal Service (SA) Inc., Submission 59, p. 16; Mr Scott
Cooper, Submission 16; and Family Court of Australia & Federal Court
of Australia, Submission 31, p. 2.
[15]
Federal Court of Australia, Submission 57, p. 3; Family Court of
Australia & Federal Magistrates Court, Submission 31, p. 15; National
Legal Aid, Submission 34, p. 30; and Australian Lawyers Alliance, Submission
27, p. 17.
[16]
Law Council of Australia, Submission 12, p. 32.
[17]
Dr Andrew Cannon, Submission 15, p. 8; and Mr Mark Blumer,
Australian Lawyers Alliance, Committee Hansard, Sydney, 11 September
2009, p. 14.
[18]
Proposed section 37N of the Access to Justice (Civil Litigation Reforms)
Amendment Bill 2009
[19]
For example, NSW Bar Association, Rule 17A
[20]
Law Council of Australia, Submission 12, p. 33.
[21]
The Hon. Robert McClelland MP, Attorney-General, 'Encouraging access to
justice through alternative dispute resolution', Media Release, 26 March 2009
[22]
Attorney-General's Department, Submission 54, p. 5 & Attachment
C.
[23]
Attorney-General's Department, Submission 54, p. 6; Australian
Lawyers Alliance, Submission 27, p. 18; and Dr Andrew Cannon, Submission
15, p. 9.
[24]
Mr Brett Collins, Co-ordinator, Justice Action, Committee Hansard,
Sydney, 11 September 2009, p. 73.
[25]
Australian Lawyers Alliance, Submission 27, p. 17.
[26]
Dr Dorothy Goulding, Committee Hansard, Perth, 13 July 2009, p. 62.
[27]
Centre for Restorative Justice, Submission 22, pp 7-8.
[28]
Australian Lawyers Alliance, Submission 27, pp 18-19.
[29]
Attorney‑General's Department, Submission 54, p. 6.
[30]
Australian Lawyers Alliance, Submission 27, p. 20; and West
Heidelberg Community Legal Service, Submission 37, p. 8.
[31]
Australian Human Rights Commission, Submission 70, p. 9.
[32]
Australian Human Rights Commission, Submission 70, pp 9‑10;
Mr Darren Dick, AHRC, Committee Hansard, Canberra, 27 October 2009, p.
10; and Mr Mark Woods, Law Council of Australia, Committee Hansard,
Canberra, 27 October 2009, pp 25‑26.
[33]
Mr Darren Dick, AHRC, Committee Hansard, Canberra, 27 October 2009,
p. 13.
[34]
Australian Human Rights Commission, Submission 70, p. 11; and Mr
Darren Dick, AHRC, Committee Hansard, Canberra, 27 October 2009, pp11‑12.
[35]
Mr Darren Dick, AHRC, Committee Hansard, Canberra, 27 October 2009,
p. 12.
[36]
Law Society of NSW, Submission 41, p. 4; and Tom Calma,
Commissioner, AHRC, 'Investing in Indigenous youth and communities to prevent crime',
(Speech to Indigenous Young People, Crime and Justice Conference, Australian
Institute of Criminology, 31 August 2009, pp 8‑10.
[37]
Mr Kym Duggan, Acting First Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 52.
[38]
SCALES Community Legal Centre, Submission 39, p. 10.
[39]
West Heidelberg Community Law Service, Submission 37, p. 3.
[40]
Ms Megan Davis, Submission 17, p. 1; and Aboriginal Family Violence
Prevention & Legal Service Victoria, Submission 38, p. 6.
[41]
Attorney‑General's Department, Out of the Maze: Pathways to the
future for families experiencing separation, July 2001, pp 4 & 91-92.
[42]
Family Court of Australia & Federal Magistrates Court, Submission
31, p. 17.
[43]
Family Court of Australia & Federal Magistrates Court, Submission
31, p. 17.
[44]
Family Court of Australia & Federal Magistrates Court, Submission
31, p. 16.
[45]
Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, pp 6-7.
[46]
National Alternative Dispute Resolution Advisory Council, Indigenous
Dispute Resolution and Conflict Management, January 2006, p. 1.
[47]
National Alternative Dispute Resolution Advisory Council, Indigenous
Dispute Resolution and Conflict Management, January 2006, p. 16.
[48]
Attorney-General's Department, Submission 54, p. 5.
Chapter 7 - The adequacy of funding and resource arrangements for community legal centres
[1]
For a detailed list of state/territory community legal centres, see the
directories at www.naclc.org.au (accessed
24 November 2009)
[2]
http://www.naclc.org.au/topics/2000.html
(accessed 22 October 2009)
[3] National
Association of Community Legal Centres, 'Why Community Legal Services are Good
Value', 2008, p. 1.
[4] National
Association of Community Legal Centres, 'Why Community Legal Services are Good
Value', 2008, p. 6.
[5]
For example, see Employment Law Centre of WA (Inc.), Submission 26,
pp 3 & 5.
[6]
National Association of Community Legal Centres, The Economic Value and
Social Benefit of Community Legal Centres – A Summary, p. 1. Also, see Liberty
Victoria, Submission 25, p. 2; National Association of Community Legal
Centres, Submission 1, pp 3-4; and PILCH, Submission 33, p. 47.
[7]
www.ag.gov.au
[8]
Attorney-General's Department, Review of the Commonwealth Community
Legal Services Program, March 2008, p. 6.
[9]
Family Court of Australia & Federal Magistrates Court, Submission
31, p. 16; and Attorney‑General's Department, Submission 54,
p. 3.
[10]
National Association of Community Legal Centres, Submission 1, p.
7; Care Inc. Financial Counselling Service and Consumer Law Centre of the ACT, Submission
9, p. 2; Australian Lawyers for Human Rights, Submission 43, p. 8;
Ms Vasilyki Eliades, PILCH (Vic), Committee Hansard, Melbourne, 15 July
2009, p. 49.
[11]
Ms Sara Kane, Employment Law Centre of WA (Inc.), Committee Hansard,
Perth, 13 July 2009, p. 11; Ms Julia Hall, NACLC, Committee
Hansard, Sydney, 11 September 2009, p. 27; and Mr Peter
Arnaudo, Assistant Secretary, AGD, Committee Hansard, Canberra, 27
October 2009, p. 46.
[12]
Attorney‑General's Department, Estimates Answer to Question on
Notice No. 127 (27 May 2009); and Ms Julia Hall, NACLC, Committee
Hansard, Sydney, 11 September 2009, p. 26.
[13]
Attorney‑General's Department, Review
of the Commonwealth Community Legal Services Program, March 2008, pp 81-82.
[14]
Suncoast Community Legal Service Inc., Submission 46, p. 5.
[15]
Suncoast Community Legal Service Inc., Submission 46, p. 6.
[16]
National Association of Community Legal Centres, Submission 32, p.
8; and Combined Community Legal Centres' Group NSW (Inc), Submission 44,
p. 8.
[17]
Women's Legal Service (SA) Inc., Submission 59, p. 19.
[18]
Attorney‑General's Department, Review
of the Commonwealth Community Legal Services Program, March 2008, pp 60-62.
[19]
Attorney‑General's Department, Annual Report 2007-08, p. 87; and
Attorney‑General's Department, Estimates Answer to Question on Notice No.
126 (27 May 2009)
[20]
Attorney-General's Portfolio, Portfolio Budget Statements 2007‑09,
Budget Related Paper No. 1.2, p. 53; Attorney‑General's Portfolio,
Portfolio Budget Statements 2008-09, Budget Related Paper No. 1.2, p. 29; and
Attorney‑General's Portfolio, Portfolio Budget Statements 2008‑09,
Budget Related Paper No. 1.2, p. 30.
[21]
Attorney‑General's Portfolio, Portfolio Budget Statements 2008-09,
Budget Related Paper No. 1.2, p. 30; Attorney‑General's Department, Submission
54, p. 2; and Attorney‑General's Department, Estimates Answer to
Question on Notice No. 125 (27 May 2009) (which shows a discrepancy of -$2.535
million)
[22]
The Hon. Robert McClelland MP, Attorney‑General, 'Boost for Social
inclusion Through Better Legal Services', Media Release, 18 April 2008
[23]
The Hon. Robert McClelland MP, Attorney‑General, 'Rudd Government
Boosts Legal Services for Regional, Rural and Remote Communities', Media
Release, 18 June 2008
[24]
The Hon. Robert McClelland MP, Attorney‑General, 'Funding for Legal
Assistance Services', Media Release, 9 May 2009
[25]
The Hon. Robert McClelland MP, Attorney‑General, 'Additional $6
million for Legal Assistance Services', Media Release, 30 June 2009
[26]
Attorney‑General's Department, Review of the Commonwealth
Community Legal Services Program, March 2008, pp 6 & 49.
[27]
National Legal Aid, Submission 34, p. 31; and Ms Julia Hall, NACLC,
Committee Hansard, Sydney, 11 September 2009, p. 22.
[28]
For example, Family Court of Australia & Federal Magistrates Court, Submission
31, p. 16; Suncoast Community Legal Service Inc., Submission 46, p.
6; Australian Lawyers Alliance, Submission 27, p. 21; Australian
Environmental Defender's Office, Submission 29, p. 14; Combined
Community Legal Centres' Group NSW (Inc.), Submission 44, p. 6;
Australian Lawyers for Human Rights, Submission 43, p. 9; and
Women's Legal Service (SA) Inc., Submission 56, p. 4; and PILCH, Submission
33, p. 49.
[29]
Employment Law Centre of WA (Inc), Submission 26, pp 3-4.
[30]
Ms Liz Pinnock, Hunter Community Legal Centre Inc., Committee Hansard,
Canberra, 27 October 2009, p. 8; Australian Environmental Defender's
Office, Submission 29, pp 14-15; Refugee Advice + Casework Service, Submission
64, p. 1; West Heidelberg Community Legal Service, Submission 37, pp
3-4; Care Inc. Financial Counselling Services and Consumer Law Centre of the
ACT, Submission 9, p. 4; and Mr Mathew Tinkler, PILCH (Vic), Committee
Hansard, Melbourne, 15 July 2009, p. 53.
[31]
Mr Peter Arnaudo, Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 42.
[32]
National Association of Community Legal Centres, Community Legal
Centres Across Australia – An Investment worth protecting, Funding Submission
to the Commonwealth Government 2007-2010, p. 1.
[33]
Letter National Association of Community Legal Centres to the Attorney‑General,
11 January 2008, p. 2.
[34]
Law Council of Australia, Submission 12, p. 24.
[35]
SCALES Community Legal Centre, Submission 39, pp 4‑5.
[36]
Letter National Association of Community Legal Centres to the Attorney‑General,
11 January 2008, p. 2; Mr Gregor Husper, PILCH (Vic), Committee
Hansard, Melbourne, 15 July 2009, p. 44; and Ms Julia Hall, NACLC, Committee
Hansard, Sydney, 11 September 2009, p. 24.
[37]
Attorney‑General's Department, Estimates Answer to Question on
Notice No. 126 (27 May 2009); and Mr Peter Arnaudo, Assistant
Secretary, AGD, Committee Hansard, Canberra, 27 October 2009, pp 46‑47.
[38]
Australian Council of Social Services Australian Community Sector, Survey
Report 2007, p. 2.
[39]
Ms Liz Pinnock & Ms Margot McAlary, Hunter Community Legal Centre
Inc., Committee Hansard, Canberra, 27 October 2009, pp 4-5.
[40]
Mr Mark Woods, Law Council of Australia, Committee Hansard,
Canberra, 27 October 2009, p. 27.
[41]
Mr Matt Minogue, Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 44.
[42]
Refugee Advice + Casework Service, Submission 64, p. 1.
[43]
Suncoast Community Legal Service Inc., Submission 46, p. 2.
[44]
Suncoast Community Legal Service Inc., Submission 46, pp 2-3; and
Ms Liz Pinnock, Hunter Community Legal Centre Inc., Committee Hansard,
Canberra, 27 October 2009, p. 6.
[45]
Suncoast Community Legal Service Inc., Submission 46, pp 4-5;
National Pro Bono Resource Centre, Submission 49, p. 15; and Women's
Legal Service (SA) Inc., Submission 59, p. 18.
[46]
Attorney‑General's Department, 'Federal Civil Justice System
Strategy Paper', December 2003, p. 106; and National Pro Bono Resource
Centre, Submission 49, p. 15; SCALES Community Legal Centre, Submission
39, p. 8; and DLA Phillips Fox, Submission 32, pp 9-10.
[47]
Attorney‑General's Department, 'Federal Civil Justice System
Strategy Paper', December 2003, Recommendation 12, p. 106
[48]
National Association of Community Legal Centres, Response to the
internal review of the CLSP by the Commonwealth Attorney‑General,
March 2007, p. 13; and SCALES Community Legal Centre, Submission 39, p.
8.
[49]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 62, p. xxxii.
[50]
Government Response, Senate Hansard, 7 February 2006, p. 83.
[51]
Mr Mathew Tinkler, Pilch (Vic), Committee Hansard, Melbourne, 15
July 2009, p. 38.
[52]
PILCH, Submission 33, p. 53; PIAC, Submission 50, p. 4; and
Australian Lawyers for Human Rights, Submission 43, p. 9.
[53]
PILCH, Submission 33, p. 51.
[54]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, p. 217.
[55]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 60, p. xxxi.
[56]
Government Response, Senate Hansard, 7 February 2009, p. 83.
[57]
DLA Phillips Fox, Submission 32, p. 11.
[58]
Gilbert & Tobin, Submission 45, p. 8.
[59]
Women's Legal Service (SA) Inc., Submission 59, p. 18.
[60]
Refugee Advice + Casework Service, Submission 64, p. 1.
[61]
Women's Legal Centre (ACT and Region), Submission 51, p. 14; and Ms
Liz Pinnock, Hunter Community Legal Centre Inc., Committee Hansard,
Canberra, 27 October 2009, p. 8.
[62]
National Association of Community Legal Centres, Submission 1, p.
7; Combined Community Legal Centres' Group NSW (Inc), Submission 44, pp
7-8; DLA Phillips Fox, Submission 32, p. 12; and National Pro Bono
Resource Centre, Submission 49, p. 15.
[63]
DLA Phillips Fox, Submission 32, pp 11-12.
[64]
Gilbert & Tobin, Submission 45, p. 6.
[65]
PILCH, Submission 33, p. 50; and Also, see Australian Network of
Environmental Defender's Offices, Submission 29, p. 14.
[66]
National Association of Community Legal Centres, Submission 1, p. 7
and Attachment 8, p. 14.
[67]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 61, p. xxxi-xxxii.
[68]
Federation of Community Legal Centres, Additional Information, 21 August
2009, p. 1.
Chapter 8 - The ability of Indigenous people to access justice
[1]
Aboriginal Legal Service (NSW/ACT) Limited, Submission 21, p. 1;
National Legal Aid, Submission 34, p. 32; Law Institute of Victoria, Submission
11, p. 8; and Prof. Chris Cunneen and Melanie Schwartz, Submission 69
[2]
National Pro Bono Resource Centre, Submission 49, p. 15; and
Women's Legal Centre (ACT and Region), Submission 51, p. 9.
[3]
Law Council of Australia, Submission 12, p. 24.
[4] http://www.ag.gov.au/www/agd/agd.nsf/Page/Indigenouslawandnativetitle_Indigenouslawprograms_LegalaidforindigenousAustraliansprogram
(accessed 1 November 2009)
[5]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, p. 84.
[6]
Attorney‑General's Department, Portfolio Budget Statement 2009‑10,
p. 30.
[7]
Attorney‑General's Department, Annual Report 2007‑08, p. 85;
Attorney-General's Department, Submission 54, p. 7; The Hon. Robert
McClelland MP, Attorney‑General, 'Additional funding for Aboriginal legal
services', Media Release, 18 April 2008; The Hon. Robert McClelland MP,
Attorney-General, 'Funding for Legal Assistance Services', Media Release,
9 May 2009; and The Hon. Robert McClelland MP, Attorney‑General,
'Additional $6 million for legal assistance services', Media Release, 30 June
2009
[8]
PIAC, Submission 50, p. 13.
[9]
Aboriginal Legal Service of Western Australia, Submission 62, p.
3; and Australian Human Rights Commission, Submission 70, p. 7.
[10]
Aboriginal Legal Rights Movement Inc., Submission 61, p. 1.
[11]
Mr Julian Johnson & Ms Priscilla Collins, North Australian Aboriginal
Justice Agency, Committee Hansard, Perth, 13 July 2009, pp 29 & 32.
[12]
Mr Peter Arnaudo, Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 51.
[13]
North Australian Aboriginal Justice Agency, Submission 6, pp 3‑4.
[14]
Mr Glen Dooley, North Australian Aboriginal Justice Agency, Committee
Hansard, Perth, 13 July 2009, p. 29.
[15]
Mr Peter Collins, Aboriginal Legal Services of WA, Committee Hansard,
Perth, 13 July 2009, p. 36.
[16]
Mr Dennis Eggington, Aboriginal Legal Services of WA, Committee Hansard,
Perth, 13 July 2009, pp 38 & 48; and Aboriginal Legal Service of Western
Australia, Submission 62, pp 3-4.
[17]
Aboriginal Legal Service (NSW/ACT) Limited, Submission 21, p. 2.
[18]
For example, Aboriginal Legal Service of Western Australia, Submission
62, p. 6; Aboriginal Legal Service (NSW/ACT) Limited, Submission 21,
p. 2; North Australian Aboriginal Justice Agency, Submission 6, p. 4;
Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, p. 11; and PIAC, Submission 50, p. 11.
[19]
Law Council of Australia, Submission 12, pp 24-25; and Mr Darren
Dick, AHRC, Committee Hansard, Canberra, 27 October 2009, p. 15.
[20]
North Australian Aboriginal Justice Agency, Submission 6, pp 4
& 10; and Aboriginal Legal Service of Western Australia, Submission 62,
p. 8.
[21]
North Australian Aboriginal Justice Agency, Submission 6, pp 6-7.
[22]
Prof. Chris Cunneen and Melanie Schwartz, Submission 69, p. 13.
[23]
Australian Human Rights Commission, Submission 70, p. 7.
[24]
Aboriginal Legal Service of Western Australia, Submission 62, p. 8;
Australian Human Rights Commission, Submission 70, p. 3; and PIAC, Submission
50, p. 14.
[25]
Law Council of Australia, Submission 12, p. 25; National Legal Aid,
Submission 34, p. 2; and Law Institute of Victoria, Submission 11,
p. 8.
[26]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendation 27, pp xxvi-xxvii.
[27]
Government Response, Senate Hansard, 7 February 2006, p. 73.
[28]
National Legal Aid, Submission 34, pp 32‑33; North Australian
Aboriginal Justice Agency, Submission 6, pp 1-2; and Employment Law
Centre of WA (Inc), Submission 26, pp 5‑6.
[29]
National Legal Aid, Submission 34, p. 33; and PIAC, Submission
50, p. 14.
[30]
Aboriginal Legal Service of Western Australia, Submission 62, p. 5.
[31]
http://www.nationalprobono.org.au/probonomanual/
(accessed 2 November 2009)
[32]
DLA Phillips Fox, Submission 32, p. 15; and Gilbert & Tobin, Submission
45, p. 7.
[33]
Australian Lawyers Alliance, Submission 27, pp 22-23; Mr Dennis
Eggington, Aboriginal Legal Services of WA, Committee Hansard, Perth, 13
July 2009, pp 45-46; and Senate Legal and Constitutional References Committee, Legal
aid and access to justice, June 2004, p. 103.
[34]
Australian Human Rights Commission, Submission 70, p. 6.
[35]
Mr Dennis Eggington, Aboriginal Legal Services of WA, Committee Hansard,
Perth, 13 July 2009, p. 44; Aboriginal Legal Service of Western
Australia, Submission 62, p. 4; Mr Danny Barlow, President, LIV, Committee
Hansard, Melbourne, 15 July 2009, pp 82-83; and Attorney‑General's
Department, Estimates Answer to Question on Notice No. 129
(27 May 2009) p. 3.
[36]
Ebatarinja v Deland [1998] 194 CLR 444 per Gaudron, McHugh, Gummow,
Hayne and Callinan JJ at 26; and National Pro Bono Resource Centre, Submission
49, p. 12.
[37]
For example, Law Institute of Victoria, Submission 11, p. 12.
[38]
Women's Legal Service (SA) Inc., Submission 59, pp 11 & 21;
National Pro Bono Resource Centre, Submission 49, pp 12-13; North
Australian Aboriginal Justice Agency, Submission 6, p. 10; and Australian
Lawyers Alliance, Submission 27, p. 23.
[39]
Chief Justice Diana Bryant, Family Court of Australia, Committee
Hansard, Melbourne, 15 July 2009, p. 6; and Chief Federal Magistrate
John Pascoe, Federal Magistrates Court, Committee Hansard, Melbourne, 15
July 2009, p. 7.
[40]
National Pro Bono Resource Centre, Submission 49, p. 12.
[41]
North Australian Aboriginal Justice Agency, Submission 6, p. 11.
[42]
North Australian Aboriginal Justice Agency, Submission 6, pp 10-11.
[43]
North Australian Aboriginal Justice Agency, Submission 6, pp 6‑12;
Law Society of NSW, Submission 41, p. 5; and Australian Lawyers for
Human Rights, Submission 43, p. 11.
[44]
Mr Darren Dick, AHRC, Committee Hansard, Canberra, 27 October 2009,
p. 9.
[45]
North Australian Aboriginal Justice Agency, Submission 6, pp 5‑6.
[46]
North Australian Aboriginal Justice Agency, Submission 6, p. 7.
[47]
National Pro Bono Resource Centre, Submission 49, p. 16.
[48] Law Council
of Australia, Submission on Legal Aid and Access to Justice Funding for the
2009-10 Federal Budget, 9 January 2009, p. 6.
[49]
Anticipated research findings quoted in National Association of Community
Legal Centres, Submission 1, p. 7.
[50]
National Legal Aid, Submission 34, pp 4 & 33; and Law Council
of Australia, Submission 12, p. 25.
[51]
Productivity Commission, Overcoming Indigenous Disadvantage: Key
Indicators 2009, pp 288-296.
[52]
For example, North Australian Aboriginal Justice Agency, Submission 6,
pp 1-2; PIAC, Submission 50, pp 12-13; and Australian Human Rights
Commission, Submission 70, pp 4‑5.
[53]
For example, Aboriginal Legal Service (NSW/ACT) Limited, Submission 21,
p. 2.
[54]
Mr Glen Dooley & Ms Priscilla Collins, North Australian Aboriginal
Justice Agency, Committee Hansard, Perth, 13 July 2009, pp 29-30.
[55]
Mr Darren Dick, AHRC, Committee Hansard, Canberra, 27 October 2009,
p. 14.
[56]
Australian Law Reform Commission, Equality before the law: Justice for
Women, Report No. 69, 1994, para 5.31
[57]
Australian Law Reform Commission, 'Equality before the law: Justice for
Women', Report No. 69, 1994, Recommendation 5.2.
[58]
http://www.hreoc.gov.au/social_justice/declaration/assembly.html
(accessed 2 November 2009)
[59]
For example, Aboriginal Family Violence Prevention & Legal Service
Victoria, Submission 38; and Women's Legal Centre (ACT and Region), Submission
51
[60] http://www.ag.gov.au/www/agd/agd.nsf/Page/Indigenouslawandnativetitle_Indigenouslawprograms_Familyviolencepreventionlegalservices
(accessed 2 November 2009)
[61]
Attorney‑General's Department, Submission 54, pp 2 & 7;
and Attorney‑General's Department, Portfolio Budget Statements, 2009‑10,
p. 30.
[62]
Attorney‑General's Department, Submission 54, p. 7.
[63]
Ms Antoinette Braybrook, Aboriginal Family Violence Prevention & Legal
Service Victoria, Committee Hansard, Melbourne, 15 July 2009, p. 19.
[64]
Ms Antoinette Braybrook, Aboriginal Family Violence Prevention & Legal
Service Victoria, Committee Hansard, Melbourne, 15 July 2009, p. 18; Ms
Rowena Puertollano, Submission 8, p. 1; and Ms Megan Davis, Submission
17, p. 3.
[65]
Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, p. 9.
[66]
Mrs Victoria Hovane, Women's Legal Services Australia and Women's Law
Centre WA, Committee Hansard, Perth, 13 July 2009, p. 17.
[67]
Mr Julian Johnson, North Australian Aboriginal Justice Agency, Committee
Hansard, Perth, 13 July 2009, p. 31.
[68]
Mr Peter Collins, Aboriginal Legal Service of WA, Committee Hansard,
Perth, 13 July 2009, pp 39 & 42.
[69]
Ms Hannah McGlade, Submission 4, p. 3.
[70]
Attorney‑General's Department, Report of the Family Violence
Prevention Legal Services Conference, 25‑26 October 2007, p. 3.
[71]
Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, pp 2 & 8‑9.
[72]
Ms Antoinette Braybrook, Aboriginal Family Violence Prevention & Legal
Service Victoria, Committee Hansard, Melbourne, 15 July 2009, p. 17.
[73]
Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, p. 9.
[74]
Ms Megan Davis, Submission 17, p. 2; and Ms Hannah McGlade, Submission
4, pp 1‑2.
[75]
Ms Rowena Puertollano, Submission 8, p. 2; and of Department of
Families, Housing, Community Services and Indigenous Affairs, 'Time for Action
to Reduce Violence Against Women', April 2009
[76]
Joint Committee of Public Accounts and Audit, Report No. 403 Access of
Indigenous Australians to Law and Justice Services, June 2005, p. 38.
[77]
Joint Committee of Public Accounts and Audit, Report No. 403 Access of
Indigenous Australians to Law and Justice Services, June 2005,
Recommendation 4, p. xviii.
[78]
Government Response, pp 3-4.
[79]
For example, Mr Norman Reaburn, Chair, National Legal Aid, Committee
Hansard, Melbourne, 15 July 2009, p. 56.
[80]
Ms Antoinette Braybrook, Aboriginal Family Violence Prevention & Legal
Service Victoria, Committee Hansard, Melbourne, 15 July 2009, p. 18; and
Ms Shelley Burchfield, Aboriginal Family Violence Prevention & Legal
Service Victoria, Committee Hansard, Melbourne, 15 July 2009, p.
22.
[81]
Mr Peter Collins, Aboriginal Legal Service of WA, Committee Hansard,
Perth, 13 July 2009, p. 40.
[82]
Aboriginal Legal Service of Western Australia, Submission 62, p. 9.
[83]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, pp 108-109.
[84]
Senate Legal and Constitutional References Committee, Legal aid and
access to justice, June 2004, Recommendations 29-30, p. xxvii.
[85]
Government Response, Senate Hansard, 7 February 2006, pp 73-73.
[86]
Women's Legal Service (SA) Inc., Submission 59, pp 23‑24.
[87]
Joint Committee of Public Accounts and Audit, Report No. 403 Access of Indigenous
Australians to Law and Justice Services, June 2005, Recommendation 13, p.
xx.
[88]
Government Response, p. 9.
[89]
Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, p. 7; and Mr John Burke, Aboriginal Family Violence Prevention
& Legal Service Victoria, Committee Hansard, Melbourne, 15 July
2009, pp 25‑26.
[90]
Aboriginal Family Violence Prevention & Legal Service Victoria, Submission
38, p. 11.
[91] http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(756EDFD270AD704EF00C15CF396D6111)~Consultative+draft+National+Indigenous+Law+and+Justice+Strategy.pdf/$file/Consultative+draft+National+Indigenous+Law+and+Justice+Strategy.pdf
(accessed 30 July 2009)
[92]
Standing Committee of Attorneys‑General, Communiqué, 6‑7 August 2009,
p. 2.
[93]
Attorney-General's Department, Submission 54, p. 7; and Mr Kym
Duggan, Acting First Assistant Secretary, AGD, Committee Hansard,
Canberra, 27 October 2009, p. 50.
[94]
For example, Law Institute of Victoria, Submission 11
[95]
Aboriginal Family Violence Prevention & Legal Service Victoria,
Answers to Questions on Notice, 22 July 2009, p. 9
[96]
Aboriginal Family Violence Prevention & Legal Service Victoria, Answer
to Question on Notice, 22 July 2009, pp 4, 6‑7; Women's Legal Service
(SA) Inc., Submission 59, p. 20; Women's Legal Centre (ACT and Region), Submission
51, p. 11; Mrs Victoria Hovane, Women's Legal Services Australia and
Women's Law Centre WA, Committee Hansard, Perth, 13 July 2009,
p. 17; Ms Fabienne Balsamo, AHRC, Committee Hansard, Canberra, 27 October
2009, p. 15; and Ms Shelley Burchfield, Aboriginal Family Violence Prevention
& Legal Service Victoria, Committee Hansard, Melbourne, 15 July
2009, p. 25.
[97]
Ms Kate Davis & Mrs Victoria Hovane, Women's Legal Services Australia
and Women's Law Centre WA, Committee Hansard, Perth, 13 July 2009, pp
21-22; and Ms Antoinette Braybrook, Aboriginal Family Violence Prevention &
Legal Service Victoria, Committee Hansard, Melbourne, 15 July 2009, p.
22.