Chapter 6
Conclusion
6.1 This is the second report of the Senate Legal and Constitutional
References Committee Inquiry into the Australian Legal Aid System. The
Committee reported previously on 26 March 1997, prior to the delivery
of the 1997/98 Budget.
6.2 This report has considered the evidence provided to the Committee
in relation to terms of reference 2, 3(a), 6 (the first part), 8 and 9
and the changing circumstances of legal aid in Australia. The Committee
recognises that the legal aid environment in Australia is uncertain and
experiencing significant stress.
6.3 Witnesses to the inquiry raised many issues that the Committee considers
that the Government will need to address if Australia is to retain a viable
legal aid system. Specifically, the Committee considers that, regardless
of whether a matter is under Commonwealth or State law, the Commonwealth
Government has an ongoing responsibility to ensure that Australia's legal
aid system facilitates appropriate access to legal aid assistance on an
equitable basis.
6.4 Since the election of the Coalition Government in March 1996, the
role of the Commonwealth Government in Australia's legal aid system is
being redefined. The Budget papers indicate that over the next four years
the Commonwealth's legal aid budget will be reduced by some $100 million.
6.5 A number of witnesses told the Committee that the Government's approach
will restrict access to justice and leave vulnerable people even more
vulnerable. The Committee was also told that the Government's decision
to cut legal aid funding and to limit its funding to priority Commonwealth
matters may have irreparably damaged the relationship of trust and partnership
between the profession and government. Witnesses were concerned that legal
aid may cost more, not less, as a result of the proposed changes.
6.6 The Committee, and indeed the Australian community, will only be
able to assess the full impact of the Government's decision over time.
As foreshadowed in the Committee's first report tabled on 26 March 1997,
the Committee intends to continue its inquiry into Australia's legal aid
system in the coming months. Evidence gathered to date will guide this
continuing inquiry. The Committee intends to hold further hearings later
in 1997.
6.7 It should be noted that the Committee intends to table further reports
on this inquiry. Some members and participating members of the Committee
have indicated that, in forthcoming reports, they may wish to expand on
issues raised in this report.