Budget 2009 10: Legal issues and
the Attorney-General's portfolio
Access to justice
Moira
Coombs
Indigenous Justice and the Northern Territory Emergency
Response
The Government has announced major new resources in the area of
Indigenous justice of $80.2 million over four years under the
Northern Territory Emergency Response (NTER). This funding will
continue the following services:
- Night patrols
- Increase the capacity of the Northern Territory Aboriginal
Interpreter Service and Aboriginal legal aid services, and the
- Welfare Rights Outreach project.[1]
In 2008–09 Budget Paper No. 2, the Government in
connection with the NTER and the ‘Closing the Gap’
funding initiatives, provided an allocation of $0.8 million to
continue Indigenous interpreter services, $2 million for
additional legal aid services and $17.7 million for night
patrol services. It was stated that ongoing requirements in these
areas would be reviewed prior to the 2009–10 Budget and would
be based on the evaluation.[2] The evaluation was set up in June 2008 by the Government
and a Review Board appointed to conduct an independent and
transparent review of the first 12 months of the NTER. Its purpose
was to assess its progress in improving the safety and wellbeing of
children and to assist residents of remote communities of the
Northern Territory to a better future. The report was released in
October 2008.[3]
Legal Aid Payments to the States and Territories
Payments made to the States for legal aid are now being made
under the new framework for Federal Financial Relations for the
payment of specific purpose payments. The new Federal Financial
Relations framework is being implemented in stages from 1 January
2009 and combined monthly payments will be made from the
Commonwealth Treasury to and through State and Territory
Treasuries. It will no longer be the responsibility of the
Attorney-General’s Department.[4]
Legal Aid
Prior to the Budget a joint press release was issued by the
Attorney-General Robert McClelland and Minister for Home Affairs
Bob Debus announcing the provision of one-off funding for legal
assistance programs focussing on early intervention and alternative
dispute resolution. The following additional one-off funding was
provided for the following legal services:
- $10.1 million for Commonwealth legal aid services;
- $4 million for Community Legal Centres;
- $6.2 million for Aboriginal and Torres Strait Islander
Legal Services.[5]
Press reports considered that the Budget figures for legal aid
‘failed to support access to justice, with no new ongoing
funding for legal aid …’.[6] The Law Council of Australia’s
president John Corcoran was reported as saying ‘the
Government’s lack of support for the legal assistance sector
was disappointing, as demand for legal services
soared’.[7]
[1].
Australian Government, Portfolio budget statements,
2009–10: Budget related paper no.
1.2: Attorney-General’s Portfolio, Commonwealth
of Australia, Canberra, 2009, p.14.
[2].
Australian Government, Budget measures, 2008–09,
budget paper no.2, pp. 309, 317–8.
[3]. Northern Territory Emergency
Response Review Board, Report, Commonwealth of Australia,
2008, viewed 19 May 2009,
http://www.nterreview.gov.au/docs/report_nter_review/docs/Report_NTER_Review_October08.pdf
[4].
Australian Government, Portfolio Budget Statements,
2009–10, p. 24.
[5].
R McClelland (Attorney-General) and B Debus (Minister for Home
Affairs), Funding for legal assistance services, media
release, 9 May 2009, viewed 18 May 2009,
http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2FSGIT6%22
[6].
N Berkovic, ‘No extra funds for wanderers in court
maze’, The Australian, 15 May, 2009, p. 28.
[7].
N Berkovic, p. 28