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| Members of the References Committee | (PDF format - 87 Kb) | (HTML format) |
| Terms of Reference | (PDF format - 106 Kb) | (HTML format) |
| Executive Summary | (PDF format - 138 Kb) | (HTML format) |
| Reccommendations | (PDF format - 159 Kb) | (HTML format) |
| Abbreviations | (PDF format - 117 Kb) | (HTML format) |
| List of Figures and Tables | (PDF format - 86 Kb) | (HTML format) |
| CHAPTER 1 - Introduction | (PDF format - 137 Kb) | (HTML format) |
| Background Previous reports Conduct of the inquiry Acknowledgement Note on references |
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| CHAPTER 2 - Legal Aid Funding | (PDF format - 305 Kb) | (HTML format) |
| Recent history of funding to legal aid Levels of overall Commonwealth funding Differences in Commonwealth funding to each State and Territory The funding model The Commonwealth Grants Commission model Committee view Application of Priorities and Guidelines The means test The merits test Committee view Breakdown of funding by type of matter: criminal, family and civil Committee view Specialist legal services Environmental Defenders Office Commonwealth funding for a forensic science institute Committee view 'Law and order' legislation and increased demand for legal aid Committee view The Commonwealth/State dichotomy In-principle opposition Administration costs Inefficient use of Commonwealth funds Committee view |
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| CHAPTER 3 - Demand and unmet legal need: The lack of data | (PDF format - 194 Kb) | (HTML format) |
| The current lack of data Criticism of the Government's response What data needs to be collected Committee view |
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| CHAPTER 4 - Women and Family Law | (PDF format - 313 Kb) | (HTML format) |
| Introduction Particular issues facing women in accessing justice Impact of current legal aid funding arrangements on women Indirect gender bias in current legal aid arrangements Committee view The "cap" in family law matters Committee view The impact of the Commonwealth and state/territory dichotomy Committee view Primary dispute resolution as a prerequisite for legal aid Committee view Funding for child representatives Committee view Self-representation in court proceedings Committee view Lack of coordinated services to deal with domestic violence Committee view Inadequacy and inaccessibility of services in rural, regional and remote areas Committee view Other areas of law affecting women inadequately funded by legal aid Committee view |
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| CHAPTER 5 - Indigenous legal services | (PDF format - 324 Kb) | (HTML format) |
| Funding for Indigenous legal services Funding shortfalls The need for separate legal services Tendering for Indigenous legal services Criticism of the decision to tender Indigenous women's issues The extent of funding The need for a review Family violence prevention services Conflict of interest Alternative dispute resolution Other access to justice issues Language Cultural awareness training Telephone advice and videoconferencing for remote communities Transport to and from remote areas Civil legal aid assistance Committee view |
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| CHAPTER 6 - Legal aid in outer-metropolitan, regional, rural and remote areas | (PDF format - 268 Kb) | (HTML format) |
| Particular issues facing people in rural, regional and remote areas How to address problems in rural, regional and remote areas Current Commonwealth Government initiatives Use of technology Committee view Outreach programs Committee view Duty lawyer schemes Committee view Assistance for lawyers in rural, regional and remote areas Committee view Other possible measures Committee view |
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| CHAPTER 7 - Migrants and Refugees | (PDF format - 220 Kb) | (HTML format) |
| Availability of free legal assistance for migrants and refugees Legal aid for migrants and refugees Immigration Advice and Application Assistance Scheme Access to justice for migrants and refugees: obstacles for effective legal assistance Background Restrictions in the Commonwealth Priorities and Guidelines Need for assistance at primary review stages Committee view Interpreter services Committee view Conflict of interest issues Committee view Migration Agents Registration Authority compliance costs Committee view |
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| CHAPTER 8 - Other groups with particular needs | (PDF format - 212 Kb) | (HTML format) |
| Legal needs of the homeless Barriers to accessing justice Strategies to overcome the barriers to accessing justice Committee view Mentally ill people Committee view Legal needs of young people Barriers to access to justice Strategies to overcome the barriers Committee view |
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| CHAPTER 9 - Pro Bono legal services | (PDF format - 249 Kb) | (HTML format) |
| The Third Report Developments in providing pro bono legal services Data on the extent of pro bono legal services Committee view Structured service provision Committee view Pro bono work as a substitute for legal aid funding Law students Committee view Mismatch of pro bono services and community need Committee view Conflicts of interest Committee view Limited resources of law firms Proposed changes to Federal Court Rules Committee view Costs of litigation Committee view The Committee's conclusion |
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| CHAPTER 10 - Self-Represented litigants | (PDF format - 272 Kb) | (HTML format) |
| Increasing numbers of self-represented litigants The Third Report The current situation Is there a link with the level of legal aid funding? Other reasons for self-representation Individual choice Prohibition on representation Unavailability of legal practitioners Committee view Effects of self-representation on access to justice Increased costs Economic cost not quantified Demand on court and registry time Other parties? costs Committee view Effective administration of justice impaired Compromising the judicial role Objectivity in assessing own case and non-enforcement of rights Quality of evidence and argument Counsel acting to disadvantage of own client Minimising the adverse effects of self-represented litigants Improving community information Expanded duty lawyer schemes Unbundling legal services Lay assistance Measures taken by federal courts Committee view |
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| CHAPTER 11 - Community legal centres | (PDF format - 236 Kb) | (HTML format) |
| Introduction The Third Report The Commonwealth's contribution to community legal centres Impact of current legal aid arrangements on community legal centres Increased pressure due to reduced availability of legal aid Lack of funding Staffing and operational issues Committee view Policy advocacy Committee view |
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| MINORITY REPORT BY GOVERNMENT SENATORS | (PDF format - 149 Kb) | (HTML format) |
| Commonwealth government support for legal aid Legal aid funding and agreements Legal aid renegotiations Policy issues Women and access to legal services Pro Bono Legal Services Community Legal Centres Report Recommendations |
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| APPENDIX 1 - Submissions received | (PDF format - 213 Kb) | (HTML format) |
| APPENDIX 2 - Witnesses who appeared before the committee | (PDF format - 146 Kb) | (HTML format) |
| Port Augusta, Tuesday 11 November 2003 Melbourne, Wednesday 12 November 2003 Sydney, Thursday 13 November 2003 Canberra, Monday 9 February 2004 Canberra, Wednesday 10 March 2004 |
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