House of Representatives Committees

Foreword
Membership of the Committee (Fortieth Parliament)
Membership of the Committee (Forty First Parliament)
Terms of reference
List of abbreviations
List of recommendations

Foreword

The Committee’s inquiry into the provision of law and justice services to Indigenous Australians was adopted and commenced during the Fortieth Parliament when the Committee was under the capable stewardship of the then Chairman, Mr Bob Charles MP and Deputy Chair, Ms Tanya Plibersek MP.

I acknowledge the valuable and useful evidence gathered during this time and also the two on-going members of the Sectional Committee, the current Deputy Chair, Ms Sharon Grierson MP and Senator John Hogg who have provided an important continuity to the inquiry.

The Committee received 44 submissions and 51 exhibits from all sectors involved in the provision of legal services to Indigenous Australians. I would extend my appreciation to all of those who provided insight, from various perspectives, into the issues of the delivery of quality services in, at times, difficult circumstances.

The Committee took evidence in Canberra, Sydney, Darwin, Alice Springs, Adelaide, Dubbo, Yuendumu and Perth over the eight months of the inquiry. On behalf of the committee I thank those people who appeared for their time and the valuable insight into the issues.

On re-adopting the inquiry the new Sectional Committee undertook a brief but extensive program of evidence gathering that took us across Australia visiting metropolitan, regional and remote locations. This provided an opportunity for me, and other Committee members new to the inquiry to acquaint ourselves with issues raised by the terms of reference. The Committee felt it important to have heard the concerns in face to face forums with users of legal services as well as the providers at the coal face.

In particular, taking evidence enabled the Committee to explore community based responses to problems of Indigenous access to the law and justice system to a level not previously investigated.

As Chair of the Joint Committee of Public Accounts and Audit I take this opportunity to express my sincere appreciation to the community at Yuendumu who hosted a Committee visit. I was personally inspired by the determination of the community to sustain principles of customary law while acknowledging and operating within a common law framework. The outcomes achieved by the community, stand as a testament to the co-operation of the two systems.

I also thank the people who travelled from Ali-Curung to speak with the Committee during our visit to Yuendumu, officers of the Northern Territory Department of Justice who facilitated the Committee’s visit and the Northern Territory Attorney-General the Hon Peter Toyne MLA who attended.

Hearing evidence on matters such as the death of a young person in custody or specific instances of family violence was difficult for members and we appreciate the courage and candour of witnesses who related these tragic events. While stories relating personal tragedy are the most difficult evidence to receive, it is this evidence that serves to recall to us the importance of accessible law and justice services.

As a result of this inquiry into the provision of law and justice services to Indigenous Australians there are 17 recommendations for the government to consider. During the conduct of the inquiry and in the compilation of this report there were a diversity of views expressed by members of the committee, but it is important to note there was a consensus in the concerns raised in the recommendations of the committee.

Finally, I thank members of the secretariat, in particular Glenn Worthington, who sustained the inquiry across the two Parliaments

Bob Baldwin MP

Chair

Membership of the Committee (Fortieth Parliament)

Chair	Mr Bob Charles MP
Deputy Chair	Ms Tanya Plibersek MP
Members	Senator Richard Colbatch (from 14/02/02 , until 25/05/03 )	Mr Steven Ciobo MP
	Senator Stephen Conroy (from 5/02/03 , until 10/09/03 )	Mr John Cobb MP
	Senator John Hogg (until 5/02/03 , from 10/09/03 )	Mr Petro Georgiou MP
	Senator Gary Humphries (from 25/02/03 )	Ms Sharon Grierson MP
	Senator Kate Lundy ( from 19/11/02 , until 1/04/04 )	Mr Alan Griffin MP
	Senator Claire Moore (from 1/07/02 , until 19/11/02 and from 1/04/04	Ms Catherine King MP
	Senator Andrew Murray	Mr Peter King MP
	Senator Nigel Scullion	The Hon Alex Somlyay MP
	Senator John Watson

Members of the Sectional Committee (Fortieth Parliament)

Chair	Mr Bob Charles MP
Deputy Chair	Ms Tanya Plibersek MP
Members	Senator John Hogg	Mr John Cobb MP
	Senator Nigel Scullion	Ms Sharon Grierson MP
		Mr Peter King MP

Committee Secretariat (Fortieth Parliament)

Secretary	Mr James Catchpole
Inquiry Secretary	Dr Glenn Worthington
Research Officers	Dr Marcus Hellyer Mr Paul Shepherd Mr Anthony Overs
Administrative Officers	Ms Maria Miniutti Mr Patrick Pantano Ms Jessica Butler

Membership of the Committee (Forty First Parliament)

Chair	Mr Bob Baldwin MP
Deputy Chair	Ms Sharon Grierson MP
Members	Senator John Hogg	Mr Russell Broadbent MP
	Senator Gary Humphries	Ms Anna Burke MP
	Senator Claire Moore	The Hon Jackie Kelly MP
	Senator Andrew Murray	Ms Catherine King MP
	Senator Nigel Scullion	Mr Andrew Laming MP
	Senator John Watson	The Hon Alex Somlyay MP
		Mr Lindsay Tanner MP
		Mr Ken Ticehurst MP

Members of the Sectional Committee (Forty First Parliament)

Chair	Mr Bob Baldwin MP
Deputy Chair	Ms Sharon Grierson MP
Members	Senator John Hogg	Mr Russell Broadbent MP
	Senator Claire Moore	Mr Ken Ticehurst MP

Committee Secretariat (Forty First Parliament)

Secretary	Mr Russell Chafer
Inquiry Secretary	Dr Glenn Worthington
Administrative Officer	Ms Penne Humphries

Terms of reference

As part of its statutory responsibility to examine reports from the Auditor-General, the Joint Committee of Public Accounts and Audit is expanding its review of Audit Report No. 13, 2003-2004, ATSIS Law and Justice Program —including its four components of Legal Aid; Law and Justice Advocacy; Family Violence Prevention; and Prevention, Diversion and Rehabilitation—to inquire and report on issues including:

the distribution of the resources of Indigenous legal aid services between criminal, family and civil cases;
the coordination of Indigenous legal aid services with Legal Aid Commissions through measures such as memoranda of understanding;
the access for Indigenous women to Indigenous-specific legal services; and
the ability of Law and Justice program components to recruit and retain expert staff.

The Committee will take into account the 2004 tender for Indigenous legal aid services.

List of abbreviations

AGD	Attorney-General’s Department
ALRM	Aboriginal Legal Rights Movement
ALSWA	Aboriginal Legal service of Western Australia
ANAO	Australian National Audit Office
ATSIC	Aboriginal and Torres Strait Islander Commission
ATSILS	Aboriginal and Torres Strait Islander Legal Service
ATSIS	Aboriginal and Torres Strait Islander Services
CAALAS	Central Australian Aboriginal Legal Aid Service
CAAFLU	Central Australian Aboriginal Family Legal Unit
CAWLS	Central Australian Women’s Legal Service
CLC	Community Legal Centre
DIMIA	Department of Immigration and Multicultural Affairs and Indigenous Affairs
FaCS	Department of Family and Community Services
FVPLS	Family Violence Prevention Legal Service
KALS	Kamilaroi Aboriginal Legal Service
LAC	Legal Aid Commission
LCA	Law Council of Australia
LSC	Legal Services Commission
MRALS	Many Rivers Aboriginal Legal Service
NAALAS	Northern Australian Aboriginal Legal Aid service
NACLC	National association of Community Legal Centres
NPY	Ngaanyatjarra Pitjantjatjara Yankunytjattjara
NSWLAC	Legal Aid Commission of New South Wales
NTLAC	Northern Territory Legal Aid Commission
OEA	Office of Evaluation and Audit
PBS	Portfolio Budget Statement
SEALS	South Eastern Aboriginal Legal Service
SRACLS	Sydney Regional Aboriginal Corporation Legal Service
TEWLS	Top End Women’s Legal Service
VALS	Victorian Aboriginal Legal Service
WALAC	Legal Aid Commission of Western Australia
WALS	Western Aboriginal Legal Service
Warndu	Warndu Wathilli-Carri Ngura Aboriginal Family Violence Legal Service
WLS	Women’s Legal Service

List of recommendations

Introduction

Recommendation 1

That the Attorney-General’s Department put in place measures to ensure that questions taken on notice to the Joint Committee of Public Accounts and Audit are either responded to within requested timeframes or that reasons are provided showing why responses will be delayed together with a proposed alternative date by which responses will be received by the Committee. (Para. 1.27)

Funding and Distribution of Resources in Aboriginal and Torres Strait Islander Legal Services by Case Type

Recommendation 2

That based on available data and need, all future contracts between the Attorney-General’s Department and providers of services that are currently delivered by Aboriginal and Torres Strait Islander Legal Services designate specific requirements of family, civil and criminal case loadings and provide adequate funding to meet these requirements. (Para 2.47)

Indigenous Women and Access to Legal Services

Recommendation 3

That the Attorney-General’s Department ensure that Family Violence Prevention Legal Services focus on the provision of family and civil law services to Indigenous Australians, particularly through the legal representation of clients. (Para. 3.85)

Recommendation 4

That the Attorney-General’s Department acknowledge that urban Indigenous populations also require family violence, family and civil law services and locate Family Violence Prevention Legal Services accordingly. (Para 3.87)

Recommendation 5

That the Attorney-General’s Department ensure that Indigenous men are provided full access to all Family Violence Prevention Legal Services. (Para. 3.93)

Retention of Expert Staff

Recommendation 6

That the Attorney-General’s Department, in consultation with National Legal Aid and the National Aboriginal and Torres Strait Islander Legal Services Secretariat, develop a comparative scale of remuneration between Aboriginal and Torres Strait Islander Legal Services (ATSILSs) and Legal Aid Commissions and review funding of providers of services currently delivered by ATSILSs as appropriate. (Para. 4.54)

Recommendation 7

That the Department of Treasury grant Fringe Benefit Tax supplementation to Family Violence Prevention Legal Services. (Para. 4.56)

Recommendation 8

That the Attorney-General’s Department, in consultation with the National Aboriginal and Torres Strait Islander Legal Services Secretariat and National Legal Aid, develop and implement a formal exchange program whereby solicitors from providers of services that are currently delivered by Aboriginal and Torres Strait Islander Legal Services and Legal Aid Commissions are afforded opportunities to work, for a specified period, within the other organisation. (Para. 4.59)

Recommendation 9

That the Department of Education, Science and Training, in consultation with the Attorney-General’s Department, the National Aboriginal and Torres Strait Islander Service Secretariat and the National Network of Indigenous Women’s Legal Services, explore the feasibility of implementing a system of bonded scholarships where successful applicants on being accepted to the bar are required to provide a specified period of service to a designated provider of services currently delivered by Aboriginal and Torres Strait Islander Legal Services or Family Violence Prevention Legal Services. (Para. 4.62)

Recommendation 10

That the Department of Education, Science and Training ensure that places are available for the training and development of paralegal community support workers who are employed with providers of services that are currently delivered by Aboriginal and Torres Strait Islander Legal Services and Family Violence Prevention Legal Services. (Para. 4.64)

Coordination of Legal Aid Services to Indigenous Australians

Recommendation 11

That the Attorney-General raise the matter of Commonwealth and state/territory funding for providers of services currently delivered by Aboriginal and Torres Strait Islander Legal Services and Family Violence Prevention Legal Services with his state and territory counterparts with a view to gaining some level of state/territory contribution for these services. (Para. 5.39)

Recommendation 12

That the Attorney-General’s Department, in consultation with National Legal Aid and the National Aboriginal and Torres Strait Islander Legal Services Secretariat, develop and require providers of services currently delivered by Aboriginal and Torres Strait Islander Legal Services (ATSILSs) to implement a memorandum of understanding between them and Legal Aid Commissions (LACs) that includes:

sharing each others duty solicitors;
the provision of representation and advice by one organisation to the other’s clients;
the use of office space and facilities in ATSILSs by LAC solicitors for Indigenous clients when these clients are referred from ATSILSs to LACs;
protocols requiring ATSILSs solicitors to introduce clients to LAC solicitors in the event that clients are referred from ATSILSs to LACs;
access of ATSILSs solicitors to LAC technology, such as video-conferencing, in order to facilitate remote client contact;
access of LAC solicitors to Aboriginal Field Officers employed with ATSILSs when required to communicate with clients;
mutual sharing of vehicles for remote travel; and
access of ATSILSs and LAC staff to in-house training programs run by the other organisation. (Para. 5.44)

Recommendation 13

That the Attorney-General’s Department rationalise funding of Indigenous legal services by incorporating Indigenous Women’s Projects, that are currently administered through mainstream Community Legal Centres, into the Family Violence Prevention Legal Services program. (Para. 5.46)

Tendering Out of Aboriginal and Torres Strait Islander Legal Services

Recommendation 14

That in centralising providers of services that are currently delivered by Aboriginal and Torres Strait Islander Legal Services, the Attorney-General’s Department ensures that these services establish and maintain governance mechanisms that allow representation of and responsiveness to the views of the communities in their service area. (Para. 6.63)

Recommendation 15

That in awarding tender bids, the Attorney-General’s Department ensure that the current levels of paralegal community legal workers employed by Aboriginal and Torres Strait Islander Legal Services is not diminished. (Para 6.65)

Recommendation 16

That the Australian National Audit Office conduct a performance audit of those areas of the Attorney-General Department’s responsible for funding of Family Violence Prevention Legal Services and Community Legal Centres with regard to the same matters covered in the Audit Report No. 13, 2003-2004. (Para. 6.67)

Recommendation 17

That the Australian National Audit Office conduct a performance audit of the Indigenous Law and Justice Branch of the Attorney-General’s Department at the mid way point of the tender contracts in each jurisdiction with a view to identifying difficulties and recommending improvements in administration and service delivery. (Para. 6.70)

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