PREFACE

Inquiry into the Australian Legal Aid System

PREFACE

Referral and conduct of the inquiry

On 17 September 1996, the Senate referred to the Legal and Constitutional References Committee an inquiry into the legal aid system in Australia.

The terms of reference for the inquiry are as follows:

In keeping with its usual practice, the Committee advertised the reference, requesting organisations and individuals to lodge submissions to the inquiry.

The Committee has received 171 submissions and several supplementary submissions, the details of which appear at Appendix 1.

Between September 1996 and March 1997, the Committee held the following public hearings on the inquiry:

First report

During the inquiry, the Committee found that submissions and the evidence of witnesses concentrated to a large extent on Government proposals to change the funding arrangements for the legal aid system. Considerable evidence was critical of the proposals, claiming that the Government had acted in haste and that small initial savings could lead to far greater economic and social costs.

The evidence on these matters was such that the Committee agreed to present a report concentrating on these concerns in advance of the 1997-98 Budget. Accordingly, on 26 March 1997, the Committee tabled a report entitled Inquiry into the Australian Legal Aid System: First Report.

Combining terms of reference

It should be noted that, on 26 May 1996, the Senate referred to the Committee a standing reference to enable it to inquire into and report on:

The continued ability of all to have access to legal services and litigation in Australia.

In its first report on legal aid, tabled in March 1997, the Committee recommended that the specific terms of reference for the inquiry be combined with this standing reference to the Committee.

The Committee considered that this would allow it more effectively to monitor and report to Parliament on the impact of new arrangements in the legal aid system in Australia generally as well as addressing specific terms of reference.

Continuation of the inquiry

Following the tabling of its first report, the Committee has held the following public hearings:

Sydney 2 April 1997

Perth 15 and 16 April 1997

A list of those witnesses who appeared and gave evidence at these hearings appears at Appendix 2.

Second report

The Committee's second report examines the evidence provided to the Committee on funding arrangements for legal aid and specific terms of reference. The report is set out in two parts.

Part One (Chapter 1) reviews evidence received at the further hearings in Sydney and Perth. It also provides information on appropriations for legal aid contained in the 1997-98 Budget and the status of negotiations for legal aid agreements between the Commonwealth and the States and Territories, due to take effect on 1 July 1997.

Part Two of the report addresses specific terms of reference. Consideration of these matters is timely, given the Commonwealth's decision to reduce expenditure and to change arrangements relating to the provision of legal aid services. These are as follows:

Chapter 2 Responsibilities of the Commonwealth, State and Territory Governments and the profession in the provision of legal aid (term of reference 2)

The relationship between the legal profession and Government in delivering legal assistance services ... (first part of term of reference 6)

Chapter 3 International obligations (term of reference 3(a))

Chapter 4 The implications, if any, for the legal aid system that arise from the High Court Dietrich decision (term of reference 8)

Chapter 5 Separate representation of children where such assistance is essential in the pursuit of justice (term of reference 9)

Chapter 6 Conclusions

A separate report from the government members of the Committee is also attached.

Senator Jim McKiernan

Chair

References Committee

June 1997