[1] Senate Legal & Constitutional References
Committee, Inquiry into the Australian
Legal Aid System: Second Report, June 1997.
[2] Senate Legal & Constitutional References
Committee, Inquiry into the Australian
Legal Aid System: Third Report, June 1998, p.xvi.
[3] ibid.
[4] Correspondence from Commonwealth
Attorney-General's Legal Assistance Branch to the Committee dated 9 February
2004.
[5] ibid.
[6] Portfolio Budget Statements 2004-05, Attorney
General's Portfolio, Budget Related Paper No.1.2, p. 29.
[7] The Hon. Philip Ruddock MP, Attorney-General, News Release, "More Money for Legal
Aid", 11 May 2004.
[8] Law Council of Australia, Submission 62, p.5.
[9] Submission
81, p.8-9.
[10] Government
Response to the Senate Legal and Constitutional References Committee Inquiry
into the Australian Legal Aid System (3rd Report), p.3.
[11] Legal Aid Queensland, Submission 31, p.3; Legal Aid Commission of New South Wales, Submission 91, p.2; Legal Services
Commission of South Australia, Submission
51, p.3; Legal Aid Western Australia, Submission
44, p.1; Northern Territory Legal Aid Commission, Submission 82, p.10.
[12] Legal Aid Western Australia, Submission 44, p.1.
[13] ibid.
[14] ibid, p.3.
[15] Department of Justice, Victoria, Submission 97, p.8.
[16] Mr Tony Parsons, Committee Hansard, 12 November 2003,
p.32.
[17] Department of Justice, Victoria, Submission 97, pp. 4-5.
[18] Mr Tony Parsons, Committee Hansard, 12 November 2003, p.
33.
[19] ibid.
[20] Ms Philippa Lynch, Committee Hansard, 9 February 2004, p. 11.
[21] Mr Tony Parsons, Committee Hansard, 12 November 2003,
p.33.
[22] Committee
Hansard, 9 February 2004, p.11.
[23] Mr Tony Parsons, Committee Hansard, 12 November 2003,
p.33.
[24] ibid.
[25] ibid, p.34.
[26] Victoria Legal Aid, Submission 97B, Attachment 1, p.2.
[27] Mr Tony Parsons, Committee Hansard, 12 November 2003,
p.35.
[28] For further detail on the basis for the 'Grants
Commission' model, see Victoria Legal Aid, Submission
97B.
[29] Mr Tony Parsons, Committee Hansard, 12 November 2003,
p.41.
[30] Mr William Grant, Committee Hansard, 13 November, 2003, p.12.
[31] Ms Philippa Lynch, Committee Hansard, 9 February 2004, p.12.
[32] Mr Tony Parsons, Committee Hansard, 12 November 2003,
p.41.
[33] Committee
Hansard, 9 February 2004, p.13.
[34] Access to
Justice and Legal Needs, Stage 2: Quantitative Legal Needs Survey, Bega Valley
(Pilot). Law and Justice Foundation of New South Wales. November 2003.
[35] Portfolio
Budget Statements 2004-05, Attorney General's Portfolio, Budget Related Paper
No.1.2, p. 29.
[36] Attorney-Generals Department, Submission 78, pp. 4-5.
[37] Attorney-Generals Department, Submission 78, p. 4.
[38] Attorney-General's Department, Submission 78F, p. 2.
[39] National Legal Aid, Submission 81, p. 11.
[40] ibid.
[41] ibid. The research referred to is R Hunter, J
Giddings & A Chrzanowski, Legal Aid
and Self-Representation in the Family Court of Australia, Social Legal
Research Centre, School of Law, Griffith University, May 2003.
[42] Submission
24, p.4.
[43] ibid.
[44] Committee
Hansard, 10 March 2004, p. 5.
[45] Ms Linda Forbes, Committee Hansard, 13 November 2003, p. 73.
[46] Welfare Rights Centre, Submission 55, p. 3.
[47] ibid.
[48] Submission
24, p.4.
[49] Submission
24, p.5.
[50] Northern Territory Legal Aid Commission, Submission 82, p.15.
[52] Attorney-Generals Department, Submission 78 (Attachment), p.6 (see
Schedule 3 of the Commonwealth's Legal Aid Guidelines).
[53] Legal Aid Commission of NSW, Submission 91, p.27.
[54] Mr Simon Moran, Committee Hansard, 13 November 2003, p.30.
[55] ibid,
p.33.
[56] National Legal Aid, Submission 81, p.13.
[57] R Hunter, J Giddings & A Chrzanowski, Legal Aid and Self-Representation in the
Family Court of Australia, Social Legal Research Centre, School of Law, Griffith
University, May 2003. p.iii.
[58] National Legal Aid, Submission 81, p.13.
[59] Legal Aid Queensland, Submission 31, p.13.
[60] Third
Report, p.64
[61] Third
Report,Recommendation 8, p.65.
[62] Government
Response to the Senate Legal and Constitutional References Committee Inquiry
into the Australian Legal Aid System, 3rd Report. p.9.
[63] Third
Report, para 4.7, p.56.
[64] Third
Report, para 4.7 4.11, pp. 56-57.
[65] Victorian Department of Justice, Committee Hansard, p. 32.
[66] Committee
Hansard, 11 November 2003, p. 11.
[67] Committee
Hansard, 10 March 2004, p. 9.
[68] Mr Simon Moran, CCLCG, Committee Hansard, 13 November 2003, p. 29.
[69] Mr Crozier, Blue Mountains Community Legal
Centre, Committee Hansard, 13
November 2003, p. 94.
[70] Mr North, Law Council of Australia, Committee Hansard, 9 February 2004,
p.50.
[71] ibid.
[72] Mr Bulloch, Westside Community Lawyers, Committee Hansard, 11 November 2003,
p.43.
[73] Third
Report, para 4.7, p.155.
[74] Mr Mark Parnell, Committee Hansard, 11 November, 2003. p.35-36.
[75] Fitzroy Legal Service, Submission 48, p.22.
[76] Mr Greg Connellan, Committee Hansard, 9 February 2004, pp. 1-2.
[77] ibid, p. 4.
[78] Mr Gilmore, Committee
Hansard, 11 November 2003, p.14.
[79] Mr Parsons, Committee
Hansard, 12 November 2003, p. 42.
[80] ibid.
[81] ibid.
[82] ibid.
[83] For example, Law Council of Australia, Submission 62, p.8.
[84] Law Institute of Victoria, Submission 88, p.8-9.
[86] Mr Tony Parsons, Committee Hansard, 12 November 2003,
p.35.
[87] Mr William Grant, Committee Hansard, 13 November 2003, p.5.
[88] Legal Aid Commission of NSW, Submission 91, p.31.
[89] Mr Tony Parsons, Committee Hansard, 12 November 2003,
p.36.
[90] ibid, p.37.
[91] ibid.
[92] Submission
51, p.6.
[93] Third
Report, para 2.3, p.13.
[94] Third
Report, Recommendation 1, p.23.
[95] Government
Response to the Senate Legal and Constitutional References Committee Inquiry
into the Australian Legal Aid System, 3rd Report, p.4.
[96] ibid.
[97] ibid, p.5.
[98] Legal
Assistance Needs Phase I: Estimation of a Basic Needs-Based Planning Model,
Prepared by: Rush Social Research and John Walker Consulting Services, prepared
for: Legal Aid and Family Services Division, Attorney General's Department,
December 1996; Legal Assistance Needs
Project: Phase Two, Summary Report, prepared for: Legal Aid and Family
Services Division, Attorney General's Department, May 1999.
[99] National Legal Aid, Submission 81, p.8.
[100] Fitzroy Legal Service, Submission 48, p.11.
[101] Ms Sue Pidgeon, Committee Hansard, 9 February 2004, p.22.
[109] Access to
Justice and Legal Needs, Stage 2: Quantitative Legal Needs Survey. Law and
Justice Foundation, November 2003, p. 2.
[110] Professor H Genn, Paths to Justice: What People do and think about going to law, Hart
Publishing, Oxford, 1999.
[111] Access to
Justice and Legal Needs, Stage 2: Quantitative Legal Needs Survey, Law and
Justice Foundation, 2003, p. 5.
[112] ibid, p. 6.
[113] ibid, p. 125.
[114] ibid, p.
126.
[115] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian
Womens Refuges and Associated Domestic Violence Services), Submission 27, p. 4.
[116] See, for example, National Council of Single
Mothers and their Children Inc, Submission
19, p. 4; Sole Parents Union, Submission
20, pp. 6-7.
[117] Report No 69, ALRC, 1994.
[118] Office of Legal Aid and Family Services,
Commonwealth Attorney-General's Department, 1994.
[119] J Giddings, Women and legal aid in J Giddings
(ed), Legal Aid in Victoria: at the
crossroads again, Fitzroy Legal Service, Melbourne, 1998, p. 125.
[120] Ms Kathryn Seear, Women's Legal Service
Victoria, Committee Hansard, 12
November 2003, p. 54.
[121] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian
Womens Refuges and Associated Domestic Violence Services), Submission 27, pp. 2-3.
[122] J Giddings, Women and legal aid in J Giddings
(ed), Legal Aid in Victoria: at the
crossroads again, Fitzroy Legal Service, Melbourne, 1998, p. 123.
[123] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian
Womens Refuges and Associated Domestic Violence Services), Submission 27, pp. 4-5.
[124] Ms Kathryn Seear, Women's Legal Service
Victoria, Committee Hansard, 12
November 2003, p. 54.
[125] J Giddings, Women and legal aid quoting E Evatt,
Foreword in R Graycar & J Morgan, The
Hidden Gender of the Law, 1990, Federation Press, Leichardt, p. v, in J
Giddings (ed), Legal Aid in Victoria: at
the crossroads again, Fitzroy Legal Service, Melbourne, 1998, p. 123.
[126] Womens Legal Service SA Inc, Submission 72, p. 2; Northern Territory
Legal Aid Commission, Submission 82,
p. 9; National Network of Womens Legal Services, Submission 86, p. 3.
[127] See, for example, Womens Legal Service SA Inc, Submission 72, p. 5; Womens Legal
Service Victoria Inc (in conjunction with Domestic Violence and Incest Resource
Centre; Victorian Womens Refuges and Associated Domestic Violence Services), Submission 27, p. 5.
[128] R Hunter, The Mirage of Justice: Women and the
Shrinking State, The Australian Feminist
Law Journal, vol 16, p. 69.
[129] Submission
86, p. 8.
[130] Legal Aid Queensland, Submission 31, pp. 13-14.
[131] Redfern Legal Centre, Submission 61, p. 5.
[132] R Hunter with A Genovese, A Melville and A
Chrzanowski, Legal Services in Family Law,
Justice Research Centre, Sydney, 2000, p. 220 in R Hunter, The Mirage of
Justice: Women and the Shrinking State, The
Australian Feminist Law Journal, vol 16, p. 68.
[133] Ms Zoe Rathus, National Network of Women's Legal
Services, Committee Hansard, 10 March
2004, p. 10.
[134] Queensland Association of Independent Legal
Services Inc (QAILS), Submission 73,
p. 27.
[135] Professor Rosemary Hunter & Associate Professor Jeff Giddings, Submission 24, p. 4.
[136] ibid.
[137] Ms Marie Hume, Committee Hansard, 11 November 2003, p. 2.
[138] Professor Rosemary Hunter & Associate Professor Jeff Giddings, Submission 24, p. 4.
[139] Attorney-General's Department, Submission 78, p. 8.
[140] ibid, p. 9. CLCs are discussed in more detail in
Chapter 11.
[141] ibid, Attachment D.
[142] See, for example, National Network of Womens
Legal Services, Submission 86; Womens
Legal Service Victoria Inc (in conjunction with Domestic Violence and Incest
Resource Centre; Victorian Womens Refuges and Associated Domestic Violence
Services), Submission 27.
[143] (1992) 177 CLR 292. The High Court held that a
person accused of a serious crime has a right to a fair trial and, if the judge
forms a view that a fair trial is unlikely to result because the accused cannot
afford or does not have legal representation, a stay of proceedings must be
ordered. Similarly, under the Crimes Act
1958 (Vic) for example, a court may order that Victoria Legal Aid provide
representation if the court is of the view that the accused may not obtain a
fair trial without it: Womens Legal Service Victoria Inc (in conjunction with
Domestic Violence and Incest Resource Centre; Victorian Womens Refuges and
Associated Domestic Violence Services), Submission
27, p. 5.
[144] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian
Womens Refuges and Associated Domestic Violence Services), Submission 27, p. 5.
[145] National Network of Womens Legal Services, Submission 86, p. 8.
[146] Women's Legal Aid, Gender Equity Report: A Profile of Women and Legal Aid Queensland,
Brisbane, 2002, pp. 4-5 in Professor R Hunter & Associate Professor J
Giddings, Submission 24, p. 3.
[147] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian
Womens Refuges and Associated Domestic Violence Services), Submission 27, p. 5; Womens Legal
Service SA Inc, Submission 72, p. 5.
[148] Womens Legal Service SA Inc, Submission 72, p. 5. In criminal law
matters, the minimum available "cap" is $15,000 with a maximum
"cap" of $60,000. The "cap" in family law matters is
$10,000 and there is a $15,000 "cap" for child representatives.
[149] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian
Womens Refuges and Associated Domestic Violence Services), Submission 27, p. 6; Womens Legal
Service SA Inc, Submission 72, p. 5.
[150] Committee
Hansard, 12 November 2003, p. 56.
[151] Womens Legal Service SA Inc, Submission 72, p. 5.
[152] National Network of Womens Legal Services, Submission 86, p. 8.
[153] Third Report,
p. xx.
[154] ALRC Managing
Justice: a review of the federal civil justice system, 2000, para 5.103.
[155] Dr Elspeth McInnes, National Council of Single
Mothers and their Children, Committee
Hansard, 11 November 2003, p. 3.
[156] ibid.
[157] Committee
Hansard, 12 November 2003, p. 49.
[158] ibid.
[159] ibid, p. 23.
[160] ibid, p. 24. For further discussion of
self-represented litigants, see Chapter 10.
[161] Legal Aid Queensland, Submission 31, p. 15.
[162] ibid, p. 15.
[163] NSW 'is the only state where we have not been
able to launch it because the state department is simply not cooperating. I
have seen the minister, and she has indicated cooperation, but we do not seem
to be able to get past the bureaucratic backlog': Chief Justice Alastair
Nicholson, Family Court of Australia, Committee
Hansard, 10 March 2004, p. 4.
[164] Committee
Hansard, 10 March 2004, p. 4.
[165] ibid.
[166] Committee
Hansard, 12 November 2003, p. 55.
[167] ibid, p. 59.
[168] ibid, p. 60. See Chapter 10 for further
discussion of self-represented litigants.
[169] Submission
19, p. 3.
[170] Committee
Hansard, 12 November 2003, pp. 56-57.
[171] ibid, p. 50.
[172] Committee
Hansard, 13 November 2003, p. 21.
[173] Committee
Hansard, 12 November 2003, p. 60.
[174] Women's Legal Service Victoria (in conjunction
with Domestic Violence and Incest Resource Centre; Victorian Womens Refuges
and Associated Domestic Violence Services), Submission
27, p. 8.
[175] Third Report,
p. xx.
[176] ibid.
[177] Mr Mark Woods, Committee Hansard, 12 November 2003, pp. 21-22.
[180] National Network of Womens Legal Services, Submission 86, p. 18.
[181] ibid, p. 9.
[182] Mr Mark Woods, Committee Hansard, 12 November 2003, p. 22.
[183] Third
Report, para 5.14, p. 74.
[184] ibid, para 5.18, p. 74.
[185] Committee
Hansard, 12 November 2003, p. 33.
[186] ibid, pp. 35-36.
[187] Committee
Hansard, 13 November 2003, p. 5.
[188] Submission31, p. 17.
[189] Third
Report, para 5.20, p. 75.
[190] Committee
Hansard, 11 November 2003, p. 6.
[191] ibid.
[192] ibid, p. 8.
[193] Ms Marie Hume, Committee Hansard, 11 November 2003, p. 5.
[194] ibid.
[195] Submission
73, p. 23.
[196] ibid, p. 24.
[197] ibid.
[198] Commonwealth-State Legal Aid Agreements
2000-2004, Commonwealth priorities, Sch 2.
[199] Submission
86, p. 18.
[200] ibid.
[201] ibid.
[202] Committee
Hansard, 13 November 2003, pp. 39 & 40.
[203] Submission
86, pp. 19-20.
[204] ibid, p. 20.
[205] Committee
Hansard, 12 November 2003, p. 57.
[206] Committee
Hansard, 10 March 2004, p. 2.
[207] Committee
Hansard, 12 November 2003, p. 36.
[208] In Re K,
the Full Court of the Family Court set out clear guidelines for when a child
representative should be appointed. This includes cases involving allegations
of child abuse; intractable conflict between the parents; issues of cultural or
religious difference affecting the child; and issues of significant medical,
psychiatric or psychological illness or personality disorder in relation to the
child or persons significant to the child.
[209] Submission
86, pp. 6-7.
[210] ibid, p. 7.
[211] National Network of Womens Legal Services, Submission 86, p. 13; Womens Legal
Service SA Inc, Submission 72, p. 4;
Ms Kathryn Seear, Women's Legal Service Victoria, Committee Hansard, 12 November 2003, p. 55.
[212] National Network of Womens Legal Services, Submission 86, p. 13, quoting R Hunter,
A Genovese, A Chranowski and C Morris, The
changing face of litigation: unrepresented litigants in the Family Court of
Australia, Law and Justice Foundation of NSW, 2002, p. 41.
[213] Committee
Hansard, 10 March 2004, p. 10. "Unbundling" is discussed further
in Chapter 10.
[214] National Council of Single Mothers and their
Children, Submission19, p. 2.
[215] Sole Parents Union, Submission 20, pp. 6-7.
[216] National Council of Single Mothers and their
Children, Submission19, p. 4.
[217] ibid, pp. 13 & 14, quoting R Hunter, A
Genovese, A Chranowski and C Morris, The
changing face of litigation: unrepresented litigants in the Family Court of
Australia, Law and Justice Foundation of NSW, 2002, p. 33.
[218] ibid, p. 22.
[219] Submission
72, p. 4.
[220] Ms Sarah Vessali, Women's Legal Service
Victoria, Committee Hansard, 12
November 2003, p. 57.
[221] Womens Legal Service SA Inc, Submission 72, p. 4.
[222] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian
Womens Refuges and Associated Domestic Violence Services), Submission 27, p. 6.
[223] National Council of Single Women and their
Children, Submission 19, p. 2.
[224] Ms Kathryn Seear, Women's Legal Service
Victoria, Committee Hansard, 12
November 2003, p. 55.
[225] The Hon Philip Ruddock MP, Attorney-General, Media release, 'More Money for Legal
Aid', 11 May 2004.
[226] Committee
Hansard, 11 November 2003, p. 56.
[227] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian
Womens Refuges and Associated Domestic Violence Services), Submission 27, p. 4.
[228] Womens Legal Service SA Inc, Submission72, p. 3.
[229] ibid. Some of these achievements include:
improved integrated responses from Local Courts, legal practitioners, police
prosecutors and community services; a decrease in the number of women
withdrawing Aggravated Domestic Violence Order applications; women are provided
with appropriate support and information; an increased feeling of safety for
women; and an actual enhancement of safety for women.
[230] Committee
Hansard, 11 November 2003, p. 58.
[231] Ms Zita Adut Ngor, Committee Hansard, 11 November 2003, p. 60.
[232] Womens Legal Service Victoria Inc (in
conjunction with Domestic Violence and Incest Resource Centre; Victorian Womens
Refuges and Associated Domestic Violence Services), Submission 27, p. 4.
[233] Northern Rivers Community Legal Centre, Submission 22, pp. 8-9.
[234] Ms Marilyn Wright, Committee Hansard, 11 November 2003, p. 57.
[235] ibid.
[236] For example, ' calls to the police station in
Cooper Pedy after eight oclock get diverted to Port Augusta, which is a
six-hour drive away. If any domestic violence occurs after eight oclock you
have very little chance of getting police to attend the scene, which causes
quite a lot of trouble for women': Ms Zita Adut Ngor, Committee Hansard, 11 November 2003, p. 57. Some women in
rural and remote communities (even in regional centres such as Port Augusta)
may not have telephones to call for police attendance in the first place: Ms Marilyn
Wright, Committee Hansard, 11
November 2003, p. 57.
[237] Ms Marilyn Wright, Committee Hansard, 11 November 2003, p. 61.
[238] Northern Rivers Community Legal Centre, Submission 22, p. 8.
[239] Ms Zoe Rathus, National Network of Women's Legal
Services, Committee Hansard, 10 March
2004, p. 9.
[240] National Network of Womens Legal Services, Submission 86, p. 32.
[241] Submission
24, p. 3.
[242] National Network of Womens Legal Services, Submission 86, pp. 32-33.
[243] Aboriginal
Legal Aid, House of Representatives Report, July 1980, p. 163.
[244] See ATSIC website: http://www.atsic.gov.au/programs/Social_and_Cultural/Default.asp.
[245] ATSIC, Submission
98, p. 6; ATSIC Annual Report 2002-2003, p. 183.
[246] ATSIC, Annual
Report 2002-2003, p. 183.
[247] ANAO ATSIS
Law and Justice Program, Performance Audit Report No. 13 2003-2004,
p. 25.
[248] ATSIC, Submission
98, p. 6.
[249] Commonwealth Governments Response to
recommendations made by the House of Representative Standing Committee on
Aboriginal and Torres Strait Islander Affairs, Justice Under Scrutiny: Report of the Inquiry into the Implementation
by Governments of the Recommendations of the Royal Commission into Aboriginal
Deaths in Custody, November 1995, p. 27.
[250] Submission
98, p. 7.
[251] ibid, p. 10.
[252] For example, see Katherine Aboriginal Regional
Legal Aid Service, Submission 2, p.
2; Coalition of Aboriginal Legal Service, Submission
5, p. 39; North Australian Aboriginal Legal Aid, Submission 7, p. 7; Aboriginal Legal Rights Movement, Submission 16, p. 24; Miwatj Aboriginal
Legal Service, Submission 35, p. 1;
Redfern Legal Centre, Submission 61, p.
1; Victorian Aboriginal Legal Service, Submission
67, p. 2; Top End Womens Legal Service, Submission 74, p. 3.
[253] Submission
98, p. 5.
[254] ibid, p. 10.
[255] ibid, p. 5.
[256] ANAO ATSIS
Law and Justice Program, Performance Audit Report No 13 2003-2004,
p. 42.
[257] ibid.
[258] Submission
98, citing ATSIC, Office of Evaluation and Audit Evaluation of the legal and preventive services program, 2003, pp.
1 & 2.
[259] Submission
2, p. 2.
[260] Committee
Hansard, 11 November 2003, p. 23.
[261] North Australian Aboriginal Legal Aid Service, Submission 7, p. 6.
[262] Victorian Aboriginal Legal Aid Service, Submission 67, p. 10. Also see Top End
Womens Legal Service, Submission 74,
p. 2.
[263] Report, p.
30.
[264] Recommendations 105-108 quoted in Coalition of
Aboriginal Legal Services NSW, Submission
5, pp. 11-12.
[265] Katherine Regional Aboriginal Legal Aid Service,
Submission 2,p. 2. See also ATSIC, Submission
98, pp. 5 & 6.
[266] Coalition of Aboriginal Legal Services, Submission 5, p. 6; Aboriginal Legal
Rights Movement, Submission 16, p. 4;
Victorian Aboriginal Legal Services, Submission
67, p. 2; Wirringa Baiya Aboriginal Womens Legal Centre, Submission 89, p. 5; Yilli Rreung
Regional Council, Submission 95, p.
1; ATSIC, Submission 98, p. 5; ABS
Year Book 2003, ABS Catalogue No. 1310.0, p. 360; ABS Corrective Services,
Catalogue No. 4512.0, June 2003, pp. 20-24.
[267] Submission
67, p. 5.
[268] Submission
5, pp. 5-6.
[269] Submission
5, p. 6, citing Australian Institute of Criminology Persons in Juvenile Corrective Institutions 1981 2000: With a
Statistical Review of the Year 2000, unpublished, AIC, Canberra.
[270] Committee
Hansard, 13 November 2003, p. 47.
[271] ibid, p. 44.
[272] Victorian Aboriginal Legal Aid Service Submission 67,p. 10.
[273] Submission
5, p. 45.
[274] ibid, p. 41.
[275] Committee
Hansard, 12 November 2003, p. 71.
[276] Submission
5, p. 4. See also House of Representatives Standing Committee on Aboriginal
and Torres Strait Islander Affairs Justice
Under Scrutiny: Report of the Inquiry into the Implementation by Governments of
the Recommendations of the Royal Commission into Aboriginal Deaths in Custody,
November 1994, pp. 2-4.
[277] Commonwealth Governments Response to recommendations
made by the House of Representative Standing Committee on Aboriginal and Torres
Strait Islander Affairs, Justice Under
Scrutiny: Report of the Inquiry into the Implementation by Governments of the
Recommendations of the Royal Commission into Aboriginal Deaths in Custody,
November 1995, p. 27.
[278] ATSIC, Submission
98, p. 3.
[279] Commonwealth Procurement Guidelines, p. 5,
issued under Regulation 7(1) of the Financial Management and Accountability
Regulations. The Guidelines are available at http://www.finance.gov.au.
[280] ibid, p. 7. The Commonwealth Governments
Competitive Neutrality policy can be found at http://www.ccnco.gov.au/cn_display.html.
[281] Submission
98, p. 9.
[282] ibid, pp. 4-5.
[283] Minister for Immigration and Multicultural and
Indigenous Affairs, 'Legal aid reforms to benefit Indigenous Australians', Media release, 4 March 2004, at www.atsia.gov.au (accessed 13 April 2004).
[284] ibid.
[285] Mr Lionel Quartermaine, Aboriginal and Torres
Strait Islander Commission, Committee
Hansard, 9 February 2004, p. 35.
[286] Mr Bernie Yates, ATSIS, Committee Hansard, 9 February 2004, p. 39.
[287] Mr Rodney Dillon, ATSIC, Committee Hansard, 9 February 2004, p. 43.
[288] Coalition of Aboriginal Legal Services, Submission 5, p. 76; Australian Legal
Assistance Forum Submission 113;
Western Suburbs Legal Service Inc Submission
114.
[289] Wirringa Baiya Aboriginal Womens Legal Centre, Submission 89, p. 7. Also see Committee Hansard, 13 November 2003, p.
57.
[290] ATSIC, Submission
98, p. 9.
[291] Coalition of Aboriginal Legal Services, Submission 5, p. 43.
[292] ibid, pp. 43-44.
[293] ibid, p. 44.
[294] ibid, p. 46.
[295] Committee
Hansard, 11 November 2003, p. 31.
[296] VALS, Submission
67, pp. 7-8.
[297] VALS, Submission
67B, p. 1.
[298] NACLC Submission
84B, p. 3.
[299] Mr Rodney Dillon, ATSIC, Committee Hansard, 9 February 2004, p. 35
[310] Minister for Immigration and Multicultural and
Indigenous Affairs 'Legal aid reforms to benefit Indigenous Australians' Media release, 4 March 2004, at www.atsia.gov.au (accessed 13 April 2004).
[311] Submission
84B, p. 6.
[312] Report No 69, 1994, especially chapter 5 and
recommendation 5.2 concerning the establishment of specialist legal services
for Aboriginal and Torres Strait Islander women. See also Criminal Justice
Commission, Aboriginal witnesses in
Queenslands criminal courts, 1996, chapter 7.
[313] For example, Womens Legal Service SA Inc, Submission 72, p. 2; Northern Territory
Legal Aid Commission, Submission 82,
p. 9; National Network of Womens Legal Services, Submission 86, p. 3.
[314] Victorian Aboriginal Legal Service, Submission 67, p. 5.
[315] ibid.
[316] Committee
Hansard, 12 November 2003, p. 77.
[317] Submission
89,p. 5.
[318] Submission
74,p. 3.
[319] Committee
Hansard, 11 November 2003, p. 59.
[320] Committee
Hansard, 12 November 2003, p. 69.
[321] ibid, p. 65.
[322] ibid.
[323] ibid.
[324] Submission
90, p. 3.
[325] Correspondence from Ms Sue Pidgeon,
Attorney-General's Department, 3 May
2004, which stated that the Commonwealth allocated $4.4 million in 2003/04 for
specialist legal services solely for women. Of this, $2.9 million was allocated
to provide generalist women's legal assistance and referral services; $0.6
million for women in rural and remote areas; and $0.9 million for projects to
assist the particular needs of Indigenous women.
[326] Submission
90, p. 6.
[327] Committee
Hansard, 13 November 2003, p. 62.
[328] Submission
98, p. 15.
[329] Mr Bernie Yates, ATSIS, Committee Hansard, 9 February 2004, p. 34.
[330] Victorian Aboriginal Legal Aid Service, Submission 67, p. 4.
[331] Committee
Hansard, 11 November 2003, p. 60.
[332] Committee
Hansard, 12 November 2003, p. 64.
[333] Committee
Hansard, 11 November 2003, p. 47.
[334] Committee
Hansard, 9 February 2004, p. 34.
[335] NNIWLS 'Policy and Budget Submission - January
2003', Submission 90, Attachment 2.
[336] Committee
Hansard, 11 November 2003, p. 50.
[337] ibid.
[338] Submission
98, p. 15.
[339] Submission
74, p. 3.
[340] Committee
Hansard, 12 November 2003, pp. 63 & 64.
[341] Mr Rodney Dillon, ATSIC, Committee Hansard, 9 February 2004, p. 43.
[342] Committee
Hansard, 12 November 2003, p. 76.
[343] Committee
Hansard , 12 November 2003, p. 73.
[344] Committee
Hansard, 11 November 2003, pp. 31-32.
[345] ibid, p. 32.
[346] Committee
Hansard, 13 November 2003, p. 43.
[347] Submission98, p. 16.
[348] ibid.
[349] Committee
Hansard, 12 November 2003, pp. 65 & 69.
[350] ibid, p. 66.
[351] Submission98, p. 16.
[352] House of Representatives Standing Committee on
Aboriginal and Torres Strait Islander Affairs Aboriginal Legal Aid, July 1980, p. 130.
[353] Submission
16, p. 17.
[354] Committee
Hansard, 13 November 2003, p. 47.
[355] Committee Hansard,
12 November 2003, p. 64.
[356] Committee
Hansard, 11 November 2003, p. 49.
[357] ibid, p. 51.
[358] Submission
61, p. 6.
[359] Submission
74, p. 2. See also Miwatj Aboriginal Legal Service, Submission 35, p. 3; Yilli Rreung Regional Council, Submission 95, p. 8; ATSIC, Submission 98, p. 20.
[360] Top End Womens Legal Service, Submission 74, p. 2.
[364] Minister for Immigration and Multicultural and
Indigenous Affairs 'Australian Government announces new initiatives in
Indigenous affairs', Media release,
11 May 2004, where it was stated that the Aboriginal Interpreter Service was
part of a $3.9 million package which funds a pre-court juvenile diversion
scheme.
[365] Submission
16, p. 7.
[366] ibid, p. 24.
[367] Wirringa Baiya Aboriginal Womens Legal Centre, Submission 89, p. 4 & 7.
[368] Submission
98, p. 9.
[369] ibid.
[370] Ms Brown, Committee
Hansard, 12 November 2003, p. 53.
[371] Submission
74, p. 2.
[372] Submission
109, p. 1.
[373] Submission
74, p. 2.
[374] Nyirranggulung Mardrulk Ngadberre Regional
Authority Submission 100 p. 1.
[375] See, for example, Miwatj Aboriginal Legal
Service, Submission 35, p. 6.
[376] Yilli Rreung Regional Council, Submission 95, p. 4. The use of
videoconferencing facilities is discussed in more detail in Chapters 6 and 10.
[377] Aboriginal
Legal Aid, House of Representatives Standing Committee on Aboriginal and
Torres Strait Islander Affairs Report, July 1980, p. 11.
[378] ibid, p, 6.
[379] Committee
Hansard, 12 November 2003, p. 61.
[380] Amoonguna Community Incorporated Submission 104; Yuelamu Community
Council Inc Submission 105; Gurungu
Council Aboriginal Corporation Submission
106.
[381] Submission
2, p. 2.
[382] Victorian Aboriginal Legal Aid Service, Submission 67, p. 10; Top End Womens
Legal Service, Submission 74, p. 1.
[383] Submission
7, p. 7.
[384] Submission
74, p. 1.
[385] ibid.
[386] ibid, pp. 43 & 44.
[387] Submission
84, p. 6.
[388] Senator Amanda Vanstone, Minister for
Immigration and Multicultural and Indigenous Affairs 'New service delivery
arrangements for Indigenous affairs' Media
Release, 15 April 2004.
[389] The Hon Gary Hardgrave MP, Acting Minister for
Immigration and Multicultural and Indigenous Affairs 'Improving services for
Indigenous Australians' Media Release,
3o April 2004.
[390] Minister for Immigration and Multicultural and
Indigenous Affairs 'Australian Government announces new initiatives in
Indigenous affairs', Media release,
11 May 2004.
[391] ibid.
[392] Senate Legal and Constitutional Committee, Inquiry into the Australian Legal Aid System,
Third Report, June 1998, pp. 164-165.
[393] ibid, p. 166.
[394] For example, see Northern Rivers Community Legal
Centre, Submission 22, p. 2.
[395] For example, see Darwin Community Legal Service,
Submission 56, p. 2.
[396] J Giddings, B Hook and J Nielsen, Legal
Services in Rural Communities: Issues for clients and lawyers, Alternative Law Journal, Vol. 26, No. 2,
April 2001, pp. 57 & 58.
[397] Community Legal Centres Association (Western
Australia) Inc, Submission93, p. 6. For example: a fluent
Mandarin speaking person living in the metropolitan area seeking family law
advice, might have different needs to a fluent Mandarin (only) speaking person
living in a remote area of Western Australia: ibid.
[398] See, for example, Riverland Community Legal
Service Inc, Submission 11, p. 3;
Northern Rivers Community Legal Centre, Submission
22, pp. 3-8; Murray Mallee Community Legal Service, Submission 23, pp. 1-3; Shoalcoast Community Legal Centre, Submission 28, p. 4; Blue Mountains
Community Legal Centre, Submission 38,
p. 2; Hawkesbury Nepean Community Legal Centre Inc, Submission 46, p. 2; Clayton Utz, Submission 43, p. 9; Gilbert & Tobin, Submission 57, p. 4; Legal Aid Commission of New South Wales,
Submission 91, pp. 15-17; Legal Services Commission of South Australia, Submission 51, p. 16; Wirringa Baiya
Aboriginal Womens Legal Centre, Submission
89, pp. 3-4; Community Legal Centres Association (Western Australia) Inc, Submission93, p. 11; Australian Law Reform Commission, Submission 26, p. 5; J Giddings, B Hook and J Nielsen, Legal
Services in Rural Communities: Issues for clients and lawyers, Alternative Law Journal, Vol. 26, No. 2,
April 2001, pp. 58-60; B Fowler, Manager/Social Worker, Broken Hill Community
Inc, Access to Justice in Rural and Remote Areas, Access to Justice Workshop
July 2002, Law and Justice Foundation of NSW, www.lawfoundation.net.au/access/fowler.html,
accessed on 21 January 2004.
[399] Submission
88, p. 6.
[400] Combined Community Legal Centres' Group NSW, Submission 60, p. 15. For example, there
are no CLCs between Nowra and the Victorian border. For a further discussion on
CLCs, see Chapter 11.
[401] Committee
Hansard, 9 February 2004, p. 8.
[402] ibid.
[403] The Law Society of Western Australia, Submission 70, p. 3.
[404] Northern Territory Legal Aid Commission, Submission 82, p. 7.
[405] See, for example, Northern Rivers Community
Legal Centre, Submission 22, pp. 3-4;
Wirringa Baiya Aboriginal Womens Legal Centre, Submission 89, pp. 3-4; Community Legal Centres Association
(Western Australia) Inc, Submission93, p. 11; J Giddings, B Hook and J
Nielsen, Legal Services in Rural Communities: Issues for clients and lawyers,
Alternative Law Journal, Vol. 26, No.
2, April 2001, pp. 58-60.
[406] Professor Rosemary Hunter & Associate
Professor Jeff Giddings, Submission 24,
p. 3.
[407] For further discussion, see Chapters 4 & 5.
[408] Professor Rosemary Hunter & Associate Professor Jeff Giddings, Submission 24, p. 3.
[409] See, for example, Mr Mark Woods, Law Institute
of Victoria, Committee Hansard, 12
November 2003, p. 23; National Network of Women's Legal Services, Submission 86, p. 3; J Giddings, B Hook
and J Nielsen, Legal Services in Rural Communities: Issues for clients and
lawyers, Alternative Law Journal,
Vol. 26, No. 2, April 2001, p. 59.
[410] Committee
Hansard, 12 November 2003, p. 23.
[411] Community Legal Centres Association (Western
Australia) Inc, Submission93, p. 15. See further Chapter 10.
[412] Community Legal Centres Association (Western
Australia) Inc, Submission93B (Submission prepared to the Family Law
& Legal Assistance Division, Attorney-Generals Department by the National
Rural, Regional and Remote Network of Community Legal Centres, May 2002),
p. 6. For example: (t)here are still areas in rural and regional Victoria and
outer metropolitan Melbourne without access to a community legal centre. For
many people in these communities there is no access to justice: Ms Sally
Smith, Committee Hansard, 12 November
2003, p. 45.
[413] J Giddings, B Hook and J Nielsen, Legal
Services in Rural Communities: Issues for clients and lawyers, Alternative Law Journal, Vol. 26, No. 2,
April 2001, pp. 61-62. Other issues arising in relation to CLCs are discussed
further in Chapter 11.
[414] Combined Community Legal Centres' Group NSW, Submission 60, pp. 17-18.
[415] ibid, pp. 60-61.
[416] ibid, p. 58.
[417] Attorney-Generals Department, Submission 78, p. 9.
[418] ibid, p. 11.
[419] Committee
Hansard, 9 February 2004, p. 17.
[420] ibid, p. 19.
[421] ibid.
[422] Community Legal Centres Association (Western
Australia) Inc, Submission93B (Submission prepared to the Family Law
& Legal Assistance Division, Attorney-Generals Department by the National
Rural, Regional and Remote Network of Community Legal Centres, May 2002),
p. 6.
[423] Committee
Hansard, 13 November 2003, pp. 12-13.
[424] Community Legal Centres Association (Western
Australia) Inc, Submission93B (Submission prepared to the Family Law
& Legal Assistance Division, Attorney-Generals Department by the National
Rural, Regional and Remote Network of Community Legal Centres, May 2002),
p. 6.
[425] ibid, p. 7.
[426] Committee
Hansard, 13 November 2003, p. 42.
[427] See, for example, Illawarra Legal Centre Inc, Submission 12, p. 2; Tasmanian
Association of Community Legal Centres, Submission
45, p. 1; National Network of Womens Legal Services, Submission 86, p. 3. Indeed, rather than being a progressive
development technology may even be a backward step in some RRR areas since
there are some communities which, until a few years ago, were reasonably
well-serviced by lawyers in private practice doing greater amounts of legal aid
work: National Network of Womens Legal Services, Submission 86, p. 3.
[428] National Network of Womens Legal Services, Submission 86, p. 3.
[429] J Giddings, B Hook and J Nielsen, Legal
Services in Rural Communities: Issues for clients and lawyers, Alternative Law Journal, Vol. 26, No. 2,
April 2001, p. 62.
[430] Submission
12, p. 2.
[431] Submission
45, p. 1.
[432] National Network of Womens Legal Services, Submission 86, p. 3.
[433] Mr Sam Biondo, Fitzroy Legal Service, Committee Hansard, 12 November 2003, p.
51.
[434] National Network of Womens Legal Services, Submission 86, p. 5.
[435] ibid, p. 3.
[436] J Giddings, B Hook & J Nielsen, Legal
Services in Rural Communities: Issues for clients and lawyers, Alternative Law Journal, Vol. 26, No. 2,
April 2001, p. 62.
[437] Mr Richard Coverdale, Committee Hansard, 12 November 2003, p. 90.
[438] Submission
88, p. 4.
[439] ibid.
[440] Submission
86, p. 3.
[441] Victoria Law Foundation, Submission 64, p. 3. This is discussed further in Chapter 10.
[442] Mr Sam Biondo, Fitzroy Legal Service, Committee Hansard, 12 November 2003, p.
51.
[443] Community Legal Centres Association (Western
Australia) Inc, Submission93B (Submission prepared to the Family Law
& Legal Assistance Division, Attorney-Generals Department by the National
Rural, Regional and Remote Network of Community Legal Centres, May 2002),
p. 12.
[444] Mr Sam Biondo, Fitzroy Legal Service, Committee Hansard, 12 November 2003, p.
51.
[445] Victoria Law Foundation, Submission 64, p. 1.
[446] ibid.
[447] Committee
Hansard, 12 November 2003, p. 87.
[448] ibid.
[449] ibid, p. 89.
[450] Legal Services Commission of SA, Submission 51, p. 16.
[451] Ms Polly Porteous, Committee Hansard, 13 November 2003, pp. 41-42.
[452] Legal Aid Commission of NSW, Submission 91, p. 17.
[453] Submission
51A, p. 2. The Legal Services
Commission also suggested that it would be best placed to investigate the most
cost efficient method of providing such a service in cooperation with the Law
Society, local practitioners, courts and local community legal services.
[454] Legal Aid Queensland, Submission 31, p. 7.
[455] Committee
Hansard, 12 November 2003, p. 44.
[456] Committee
Hansard, 12 November 2003, p. 47.
[457] Submission
51A, p. 1.
[458] Professor Rosemary Hunter & Associate Professor Jeff Giddings, Submission 24, p. 3.
[459] ibid, pp. 1-2.
[460] ibid.
[461] Committee
Hansard, 9 February 2004, p. 46.
[462] ibid.
[463] ibid.
[464] Executive Summary, p. 3.
[465] Committee
Hansard, 9 February 2004, p. 47.
[466] ibid.
[467] For example, see Riverland Community Legal
Service Inc, Submission 11, p. 6;
Darwin Community Legal Service, Submission
56, p. 2.
[468] Riverland Community Legal Service Inc, Submission 11, p. 6.
[469] J Giddings, B Hook and J Nielsen, Legal
Services in Rural Communities: Issues for clients and lawyers, Alternative Law Journal, Vol. 26, No. 2,
April 2001, p. 62.
[470] ibid; Illawarra Legal Centre Inc, Submission 12, p. 2.
[471] Australian Law Reform Commission, Submission 26, p. 4.
[472] Legal Aid Queensland, Submission 31, p. 3; Community Legal Centres Association (Western
Australia) Incorporated, Submission 93,
p. 37.
[473] Fitzroy Legal Service, Submission 48, p. 12.
[474] National Legal Aid, Submission 81, p. 7.
[475] J Giddings, B Hook and J Nielsen, Legal
Services in Rural Communities: Issues for clients and lawyers, Alternative Law Journal, Vol. 26, No. 2,
April 2001, p. 62.
[476] For example, see Fitzroy Legal Service, Submission 48, p. 9; NSW Combined
Community Legal Centres Group, Submission
60, p. 8; Marrackville Legal Centre, Submission
53, p. 6.
[477] Fitzroy Legal Service, Submission 48, p. 9.
[478] ibid. While relocating legal aid lawyers from
major cities to smaller centres might constitute progress towards addressing
the lack of legal aid resources in those places, it does so at the expense of
the areas already serviced: George Giudice Law Chambers, Submission 68, p. 4.
[479] Fitzroy Legal Service, Submission 48, p. 9.
[480] Victoria Legal Aid, Submission 97, p.11.
[481] Submission
65, p.4-5.
[482] Victoria Legal Aid, Submission 97, p.11.
[483] UTS Community Law and Legal Research Centre, Submission 65, p.4-5.
[484] Victoria Legal Aid, Submission 97, p. 11.
[485] Committee
Hansard, 13 November 2003, p. 100.
[486] IARC, Submission
52, p.5.
[487] ibid.
[488] Committee
Hansard, 13 November 2003, pp. 99-100.
[489] National Association of Community Legal Centres,
Submission 84A, p.1.
[490] RACS, Submission
66, p.2.
[491] ibid.
[492] CCLCG Submission
60, p.41
[493] Submission
81, pp. 17-18.
[494] Victoria Legal Aid, Submission 97, p. 14.
[495] Submission
81, p. 18.
[496] Refugee Advice and Casework Service, Submission 66, p.4.
[497] Legal Services Commission of South Australia, Submission 51, p. 22.
[498] ibid.
[499] Committee
Hansard, 13 November 2003, p.100.
[500] Combined Community Legal Centres' Group NSW, Submission 60, p.28.
[501] Queensland Association of Independent Legal
Services, Submission 73, p.43.
[502] ibid p.44.
[503] ibid; Combined Community Legal Centres' Group
NSW, Submission 60, p.28.
[504] Combined Community Legal Centres' Group NSW, Submission 60, p.29.
[505] Combined Community Legal Centres' Group NSW, Submission 60, p.30.
[506] ibid.
[507] ibid, p.31.
[508] For example see New South Wales Legal Aid
Commission, Submission 91, p.35; Mr
Grant Williams, Committee Hansard, 13
November 2004, p.3. Mr Tony Parson, Committee
Hansard, 12 November 2004, p.34.; National Legal Aid, Submission 81, p.17.
[509] Committee
Hansard, 12 November 2003, p.34.
[510] Committee
Hansard, 13 November 2003, p.100.
[511] Immigration Advice and Rights Centre, Submission 52, pp.2-3.
[557] Marrickville Legal Centre, Submission 53, p. 8.
[558] National Pro Bono Resource Centre, First Annual Report 2003, p. 2.
[559] Third
Report, para 8.103, p. 157.
[560] ibid, para 8.98, p. 156.
[561] ibid, pp. 155-156; see also p. 21.
[562] ibid, Recommendations 14 and 15, p. 135.
[563] ibid, Recommendation 19, p. 157.
[564] ibid,
Recommendation 20, p. 157.
[565] Government Response, Senate Hansard, 16 May 2002, p. 1773.
[566] ibid, p. 1772.
[567] National Pro Bono Resource Centre, First Annual Report 2003, 2003, p. 2.
[568] ibid, p. 2.
[569] For the
Public Good: The First National Pro Bono Law Conference.
[570] National
Pro Bono Task Force: Recommended Action Plan for National Co-ordination and
Development of Pro Bono Legal Services, June 2001.
[571] National Pro Bono Resource Centre, First Annual Report 2003, 2003, p. 2.
[572] Second
National Pro Bono Conference: Transforming Access to Justice, Sydney, 20
October 2003.
[573] Speakers from the US, South Africa, Argentina
and England also attended the conference to provide their perspectives.
[574] Commonwealth Government, Senate Hansard, 16 May 2002, pp.1767-1773; The Hon Phillip
Ruddock, Attorney-General, Speech at the
Second National Pro Bono Conference: Transforming Access to Justice,
Sydney, 20 October 2003, available at http://www.ag.gov.au/www/MinisterRuddockHome.nsf/Alldocs/RWP16FDE03EBD917AF6CA256DD6001260E7?OpenDocument.
[575] Australian Law Reform Commission, Managing Justice A review of the federal
civil justice system, Report No. 89, 2000,
p. 305.
[576] ibid.
[577] Australian Bureau of Statistics survey, 2001-02Legal Practices Australia,8667.0,
tables 2.10 and 3.7.
[578] Castan Centre for Human Rights Law, Submission 76,p. 8.
[579] The Hon Phillip Ruddock, Attorney-General, Speech at the Second National Pro Bono
Conference: Transforming Access to Justice, Sydney, 20 October 2003,
available at
http://www.ag.gov.au/www/MinisterRuddockHome.nsf/Alldocs/RWP16FDE03EBD917AF6CA256DD6001260E7?OpenDocument.
[580] Mr Gordon Renouf, Director, Pro Bono Resource
Centre, Paper presented at Transforming
Access to Justice The Second National Pro Bono Conference, 20 October
2003.
[581] Public Interest Law Clearing House, Submission 54, pp. 18 & 23.
[582] Legal Services Commission of South Australia, Submission 51, p. 4.
[583] National Pro Bono Resource Centre, First Annual Report 2003, p. 3.
[584] National Pro Bono Resource Centre, Submission 80, pp. 5-6; Attachments 1, 2
& 3.
[585] Ms Paula O'Brien, Public Interest Law Clearing
House (Victoria) Inc, Committee Hansard,
12 November 2003, p. 1.; see also Chapter 8 for a general discussion of legal
assistance for homeless people.
[586] National Pro Bono Resource Centre Working Together: Multi-Tiered Pro Bono
Relationships Between Law Firms and Community Legal Organisations, p.1.
[587] 'From conservatism to activism: The evolution of
the Public Interest Law Clearing House in Victoria'in Alternative Law Journal,
Vol. 28, No. 1, February 2003, p. 11
[588] National Pro Bono Task Force: Recommended Action Plan for National
Co-ordination and Development of Pro Bono Legal Services, p.12.
[589] National Pro Bono Resource Centre, Working Together: Multi-Tiered Pro Bono
Relationships Between Law Firms and Community Legal Organisations, p.6.
[590] National Pro Bono Resource Centre, First Annual Report 2003, p. 2.
[591] National Pro Bono Resource Centre, Submission 80, p. 6.
[592] Attorney-General's
Pro Bono Secondment Scheme Report on the 2002-2003 Pilot, available at
http://www.justice.vic.gov.au.
[593] Pro Bono Secondments Steering Committee Pro Bono Secondment Scheme: Report on the
2002-2003 PilotScheme, April
2004, available at http://www.justice.vic.gov.au.
Members of the Steering Committee included the Law Institute of Victoria,
Victoria Legal Aid, the Department of Justice and the Federation of Community
Legal Centres (Vic) and community and specialist legal centres.
[594] Third Report, p. xxiii.
[595] ibid, Recommendation 20, p. 157.
[596] A representative from the Attorney-Generals
Department at the Second National Pro Bono Conference, Sydney, 20 October 2003.
[597] Fitzroy Legal Service, Submission 48, p. 33; Federation of Community Legal Centres (Vic)
Inc, Submission 50, p. 5; Community
Legal Centres Association (Western Australia) Inc, Submission 93,p. 18.
[598] Blake Dawson Waldron Lawyers, Submission 63, p. 10.
[599] Public Interest Law Clearing House, Submission 54, p. 23; National Pro Bono
Resource Centre, Submission 80, p. 2.
[600] The Law Society of New South Wales, Submission 79, p. 3; Law Institute of Victoria, Submission 87, p. 10 & 12; The Law
Society of South Australia, Submission 92,
p. 3.
[601] Castan Centre for Human Rights Law, Submission 76, pp. 8-9.
[602] National Legal Aid, Submission 81, pp. 20-21; Legal Aid Commission of New South Wales, Submission 91, p. 41.
[603] Castan Centre for Human Rights Law, Submission 76, p. 8.
[604] Submission
81, pp. 20-21.
[605] The Hon Phillip Ruddock MP, Attorney-General, Speech at the Second National Pro Bono
Conference: Transforming Access to Justice, Sydney, 20 October 2003,
available at http://www.ag.gov.au.
[606] Submission
34, pp. 3-4; see also Northern Territory Legal Aid Commission, Submission 82, p. 17.
[607] Blake Dawson Waldron Lawyers, Submission 63, p. 10.
[608] ALRC, Managing
Justice A review of the federal civil justice system, Report No. 89,
2000, p. 308, recommendation 38.
[609] ibid, pp. 307-308.
[610] ibid, p. 306.
[611] ibid, p. 308.
[612] Government
response to Australian Law Reform Commission Report No 89 Managing Justice : A
review of the federal civil justice system, p. 19, available at
http://www.law.gov.au.
[613] Aboriginal Legal Rights Movement Inc, Submission 16, p. 16; Inner City Legal Centre, Submission 25, p. 1; Marrickville Legal Centre, Submission 53, p. 3; Human Rights Committee of the New South Wales
Young Lawyers, Submission 59, p. 1; Combined
Community Legal Centres Group NSW, Submission
60, p. 5; Redfern Legal Centre, Submission
61, p. 8.
[614] Roma Mitchell Community Legal Centre Inc, Submission 15, p. 7; Southern
Communities Advocacy Legal and Education Service, Submission 47.
[615] Northern Rivers Community Legal Centre, Submission 22, p. 2; Liberty Victoria
Victorian Council for Civil Liberties Inc,
Submission 29, p. 8; Federation of Community Legal Centres (Vic) Inc, Submission 50, p. 29; National Pro Bono
Resource Centre, Submission 80, pp.
8-9; Blake Dawson Waldron Lawyers, Submission
63, p. 3.
[616] Submission
91, p. 41.
[617] Submission
50, p. 29.
[618] Submission
63, p. 3.
[619] Submission
75, p. 3.
[620] National Pro Bono Resource Centre, Submission 80, p. 9.
[621] Ms Jill Anderson, National Pro Bono Resource
Centre, Committee Hansard, 13
November 2003, p. 78.
[622] National Pro Bono Resource Centre, Pro Bono News 6/2003 (December),
available at www.nationalprobono.org.au/publications/index.html.
[623] Submission
80, p. 7.
[624] Submission
63, p. 3.
[625] Submission
54, p. 24.
[626] Submission
80, Annexure 4.
[627] The Hon Phillip Ruddock MP, Attorney-General, Speech at the Second National Pro Bono
Conference: Transforming Access to Justice, Sydney, 20 October 2003,
available at http://www.ag.gov.au.
[628] National Pro Bono Resource Centre Pro Bono News, Issue 9, vol 3/2004.
[629] National Legal Aid, Submission 81, p. 20; Federation of Community Legal Centres (Vic)
Inc, Submission 50, p. 29.
[630] Blake Dawson Waldron Lawyers, Submission 63, p. 2; Legal Services
Commission of SA, Submission 51, p.
25; National Pro Bono resource Centre, Submission
80, p. 9; Blue Mountains Community Legal Centre Inc, Submission 38, p. 6.
[631] Northern Rivers Community Legal Centre, Submission 22, p. 13; Blue Mountains
Community Legal Centre Inc, Submission 38,
p. 6; Freehills, Submission 75, p. 7
(note their view that the Womens Legal Services NSW was an example of
successful pro bono legal service provision in regional areas).
[632] Second
National Pro Bono Conference: Transforming Access to Justice, Sydney, 20
October 2003.
[633] Refugee Advice and Casework Service (Australia)
Inc, Submission 66, p. 6; see also,
Blake Dawson Waldron Lawyers, Submission
63, pp. 6-7; Liberty Victoria Victorian Council for Civil Liberties Inc, Submission 29, p. 8.
[634] Public Interest Law Clearing House, Submission 54, pp. 25-26; National Pro Bono Resource
Centres 25 April 2003 letter to the Deputy Registrar of the Federal Court
available at http://www.nationalprobono.org.au/publications/fedcourt.pdf.
[635] Public Interest Law Clearing House, Submission 54, pp. 25-26.
[636] ibid, pp. 28-31.
[637] Pro Bono Task Force Recommended Action Plan For National Co-Ordination And Development Of
Pro Bono Legal Services, 24 June 2001, p. 20;Refugee Advice and Casework Service (Australia) Inc, Submission 66, p. 6.
[638] Access to Justice Advisory Committee, Access to Justice an Action Plan (1994),
pp. 382-387.
[639] Pro Bono Task Force Recommended Action Plan For National Co-Ordination And Development Of
Pro Bono Legal Services, 24 June 2001, p. 19.
[640] Public Interest Law Clearing House, Submission 54, p. 31.
[641] Law Institute Victoria, Submission 87, p. 13.
[642] Third
Report, p. 29, paragraph 3.21.
[643] Third
Report, Recommendation 3, p. 30.
[644] Third
Report, p. 31, paragraph 3.27.
[645] Government Response to Third Report, p. 6.
[646] High Court of Australia, Annual Report 2002-2003, p. 9. Federal Court of Australia 2002-2003 Annual Report; Federal
Magistrates Court 2002-2003 Annual Report.
The Family Court of Australia did not provide statistics in its 2002-2003
annual report, but noted the release of the project report Self-represented litigants: a challenge in 2003. The first phase of
the project has been completed and the development of a national strategy for
ensuring access to justice is ongoing.
[647] For example, the High Court of Australia, Annual Report 2002-2003, p. 9, which
noted that the proportion of self-represented litigants in applications for
special leave to appeal increased to 42 per cent from 40 per cent in 2001-02
and 33 per cent in 2000-01.
[648] Family Law Council, Litigants in person: A report to the Attorney-General prepared by the
Family Law Council, August 2000, p. 81.
[649] Committee
Hansard, 10 March 2004, pp. 5-6.
[650] Committee
Hansard, 10 March 2004, p. 1.
[651] Family Court of Australia Submission 85, p. 2, citing 1998 court-sponsored research conducted
by Smith which found that 35 per cent of Family Court matters involved at least
one party who was unrepresented at some stage in proceedings.
[652] Federal Court of Australia 2002-2003 Annual Report, p. 46.
[653] ibid, p. 48.
[654] Federal Magistrates Court 2002-2003 Annual Report, p. 41.
[655] Federation of Community Legal Centres (Vic) Inc,
Submission 50, pp. 4-5; NSW Young
Lawyers Human Rights Committee, Submission
59, p. 3; Law Council of Australia, Submission
62, p. 16; Castan Centre for Human Rights Law, Monash University, Submission 76, p.2; Australian Council
of Social Service, Submission 83, p.
8; National Network of Womens Legal Services, Submission 86, p. 22; Law Institute of Victoria, Submission 87, p. 13; NSW Legal Aid
Commission, Submission 91, p. 42; CLC
Association (WA) Inc, Submission 93,
p. 15; West Heidelberg Community Legal Service, Submission 21, pp.7-8; Family
Law Practitioners Association of Tasmania, Submission
37, pp. 2-3; Tasmanian Association of Community Legal Centres, Submission 45, pp. 1-2; Fitzroy Legal
Service, Submission 48, p. 16; Hobart
Community Legal Service, Submission 49,
pp.3-5; Welfare Rights Centre, Submission
55, p. 3; NSW Combined Community Legal Centres Group, Submission 60, pp. 13, 33; Womens Legal Service SA Inc, Submission 72, p. 6; The Law Society of
New South Wales, Submission 79, p. 3;
National Legal Aid, Submission 81, p.
15; CLC Association (WA) Inc, Submission
93, p. 20; Professors Hunter and Giddings, Griffith University, Submission 24, pp. 4-5; Queensland
Association of Independent Legal Services Inc, Submission 73, p. 32; NT Legal Aid Commission, Submission 82, pp. 15, 17; Family Court of Australia, Submission 85, p. 3; National Network of
Womens Legal Services, Submission 86,
pp. 9, 14; CLC Association (WA) Inc, Submission
93, p. 30.
[656] Macquarie Legal Centre, Submission 9, pp. 1-2; West Heidelberg Community Legal Servic,e Submission 21, pp. 7-8; South West
Sydney Legal Centre, Submission 34,
pp. 3-4; Family Law Practitioners Association of Tasmania, Submission 37, pp. 2-3; Tasmanian Association of Community Legal
Centres, Submission 45, pp. 1-2;
Fitzroy Legal Service, Submission 48,
p. 16; Marrickville Legal Centre, Submission
53, pp. 6 and 9; The Law Society of New South Wales, Submission 79, p. 3.
[657] Family Law Council, Litigants in Person: A report to the Attorney-General prepared by the
Family Law Council, 2000, p. 82.
[658] ALRC, Managing
Justice A review of the federal civil justice system, Report No. 89,2000, pp. 359-360.
[659] ibid, pp. 302-303.
[660] ibid, p. 303.
[661] ALRC, Review
of the Federal Civil Justice System - Discussion Paper 62, 1999, p. 376.
[662] Family Law Council, Litigants in Person: A report to the Attorney-General prepared by the
Family Law Council, August 2000, p. 11. The argument about community
perception of such a link is also referred to in the quote at the beginning of
this chapter.
[663] NSW Legal Aid Commission, Submission 91, p. 42.
[664] Section 78 of the Judiciary Act 1903 (Cth); Collins
(aka Hass) vR (1975) 133 CLR 120
at 122 and Burwood Municipal Council v
Harvey (1995) 86 LGERA 389; cf. Bay
Marine Pty Ltd v Clayton Country Properties Pty Ltd (1986) 8 NSWLR 104 (CA)
at 114 and O.69A r11 High Court Rules.
[666] Australian Institute of Judicial Administration,
Litigants in Person Management Plans:
Issues for Courts and Tribunals, AIJA, 2001, p. 7.
[667] Family Court of Australia, Submission 85, p. 19; Fitzroy Legal Service, Submission 48, p. 16.
[668] Where an accused person refuses an offer of
legal assistance, or otherwise chooses to be unrepresented this does not
disentitle him or her to a fair trial and such lack of representation may still
result in an unfair trial: McPherson v R
(1981) 147 CLR 512. In order to protect the right to a fair trial, a trial for
a serious criminal offence may be delayed or postponed until legal
representation is available: Dietrich v R
(1992) 177 CLR 292, 334-5.
[669] NSW Combined Community Legal Centres Group, Submission 60, p. 41; Federation of
Community Legal Centres (Vic) Inc, Submission
50, p. 26.
[670] Castan Centre for Human Rights Law, Monash
University, Submission 76, p. 3.
[671] Advocacy Tasmania, Submission 39, p. 7. This issue is discussed in more detail in
Chapter 8.
[672] Community Legal Centres Association (WA) Inc, Submission 93, p. 15.
[673] National Council of Single Mothers and their
Children Inc, Submission 19, p. 4,
citing Family Court of Australia Study on
the effects of legal aid cuts on the Family Court of Australia and its
litigants, Research Report no. 19, 1999.
[674] Third
Report, p. 33; Youth Legal Service of Western Australia, Submission 1, p. 18.
[675] Third
Report, Recommendation 4.
[676] Government
Response to Third Report; Senate Hansard,
16 May 2002, pp. 1767-1773, at p. 1769.
[677] Australian Law Reform Commission, Managing Justice A review of the federal
civil justice system, Report No. 89,2000,
p. 304.
[678] ibid, p. 304.
[679] Family Law Council, Litigants in Person - A Report to the Attorney-General prepared by the
Family Law Council, 2000, p. 34.
[680] Westside Community Lawyers Inc, Submission 58, p. 2.
[681] Third
Report, pp. 33-35.
[682] Dewar, Smith and Banks, Litigants in Person in the Family Court of Australia, 2000, p. 2.
[683] ibid, p. 1.
[684] Chief Justice Nicholson, Committee Hansard, 10 March 2004, p. 3.
[685] Federal Court of Australia, Annual Report 2001-2002, p. 12.
[686] High Court of Australia, Annual Report 2002-2003, p. 9.
[687] Dewar, Smith & Banks, Litigants in Person in the Family Court of Australia, 2000, p. 2.
[688] Australian Institute of Judicial Administration,
Litigants in Person Management Plans:
Issues for Courts and Tribunals, AIJA, 2001, p. 1.
[689] Australian Law Reform Commission, Submission 26, p. 13.
[690] Australian Law Reform Commission, Review of the Federal Civil Justice System -
Discussion Paper 62, 1999, p. 380.
[691] Dewar, Smith & Banks, Litigants in Person in the Family Court of Australia, 2000, p. 2.
[692] ibid, p. 1; Cairns Community Legal Centre Inc, Submission 14, p. 4.
[693] Family Court of Australia, Submission 85, p. 6.
[694] McInnes v
R (1979) 143 CLR 575 at 590, cited in Legal Aid Queensland, Submission 31, pp. 21-22.
[695] Family Law Council, Litigants in person: A report to the Attorney-General prepared by the
Family Law Council, August 2000, p. 5.
[696] Cairns Community Legal Centre Inc, Submission 14, p. 3; Homeless Persons
Legal Clinic, Submission 13, p. 24;
Domestic Violence Advocacy Service, Submission
18, p. 4; Redfern Legal Centre, Submission
61, p. 6; Legal Aid Queensland, Submission
31, pp. 15-16; Kingsford Legal Centre University of NSW, Submission 36, p. 10; Professors Hunter
and Giddings, Submission 24, p. 5.
[697] Illawarra Legal Centre, Submission 12, p. 3; Shoalcoast Community Legal Centre, Submission 28, pp. 6-7; Fitzroy Legal
Service, Submission 48, pp. 16, 18;
Hobart Community Legal Service, Submission
49, p. 3; Federation of Community Legal Centres (Vic) Inc, Submission 50, pp. 28, 30; Welfare
Rights Centre, Submission 55, pp.
4-5; NSW Combined Community Legal Centres Group, Submission 60, pp. 32-33, 35, 41; Advocacy Tasmania, Submission 39, p.3.
[698] NSW Combined Community Legal Centres Group, Submission 60, pp. 32-33; Professors
Hunter and Giddings, Submission 24,
p. 5; Australian Law Reform Commission, Submission
26, p. 10.
[699] Kingsford Legal Centre University of NSW, Submission 36, p. 8.
[700] Committee
Hansard, 10 March 2004, p. 3.
[701] Family Court of Australia, Submission 85, pp. 9-10.
[702] Dr Elspeth McInnes, National Council of Single
Mothers and their Children, Committee
Hansard, 11 November 2003, p. 2.
[703] Cairns Community Legal Centre Inc, Submission 14, pp. 3-4; West Heidelberg
Community Legal Service, Submission 21,
p. 4; Public Interest Law Clearing House, Submission
54, p. 16; Refugee Advice and Casework Service (Australia) Inc, Submission 66, p. 6; Queensland
Association of Independent Legal Services Inc, Submission 73, p. 32; Family Court of Australia, Submission 85, pp. 6-7, 9; Law Institute
of Victoria, Submission 87, p. 7.
[704] Advocacy Tasmania, Submission 39, p. 3.
[705] National Network of Womens Legal Services, Submission 86, p. 21.
[706] Giannarelli
v Wraith (1988) 165 CLR 543.
[707] Dewar, Smith & Banks, Litigants in Person in the Family Court of Australia, 2000, p. 2.
[708] Federal Magistrates Court 2002-2003Annual Report, p. 15. The pro bono scheme is generally
confined to migration matters.
[709] Family Court of Australia Self-represented litigants: a challenge, 2003, pp. 6-7, 12-14.
[710] Committee
Hansard, 10 March 2004, p. 3. The Chief Justice noted, however, 'You can do all these sorts
of things, but once you get to the actual courtroom it is a very different
situation.'
[711] See for example, Legal Aid Queensland, Submission 31, pp. 4, 22; Community
Legal Service (Albury Wodonga), Submission
41, p. 4; Victoria Law Foundation, Submission
64, p. 3 and Victorian Legal Aid, Submission
87, p. 5.
[712] Legal Aid Queensland, Submission 31, pp. 22-23; Shoalcoast Community Legal Centre, Submission 28, p. 10; Blake Dawson
Waldron Lawyers, Submission 63, p. 6;
Freehills, Submission 75, p. 5; National
Legal Aid, Submission 81, p. 23; National
Network of Womens Legal Services, Submission
86, p. 5; Petrie Legal Service, Submission
88, p. 2; NSW Legal Aid Commission, Submission
91, p. 3.
[713] Professors R Hunter and J Giddings, Griffith
University, Submission 24, p. 5.
[714] Submission
73, pp. 45-46.
[715] National Network of Womens Legal Services, Submission 86, p. 5.
[716] Mr Mark Woods, Law Institute of Victoria, Committee Hansard, 12 November 2003, pp.
29-30.
[717] ibid, pp. 29-30.
[718] Legal Aid Queensland, Submission 31, pp. 4 and 22.
[719] Public Interest Law Clearing House, Submission 54, p. 24.
[720] Federal Magistrates Court, Annual report
2001-2002, p. 12.
[721] Mr Hamish Gilmore, Legal Services Commission of
South Australia, Committee Hansard,
11 November 2003, p. 11.
[722] Legal Aid Commission of NSW, Submission 91, pp. 30-31.
[723] Northern Territory Legal Aid Commission, Submission 82, p. 17.
[724] Kingsford Legal Centre, Submission 36, pp. 7-8.
[725] The Law Society of South Australia, Submission 92, p. 2; Legal Services
Commission of South Australia, Submission
51, p. 6 and 26; Law Council of Australia, Submission 62, p. 2; Riverland Community Legal Centre, Submission 11, pp. 4-5.
[726] Legal Services Commission of South Australia, Submission 51, p. 26.
[727] Victorian Legal Aid, Submission 87, p. 8; Federation of Community Legal Centres (Vic)
Inc, Submission 50, p. 28.
[728] Fitzroy Legal Service, Submission 48, p. 18; Federation of Community Legal Centres (Vic)
Inc, Submission 50, p. 28.
[729] New South Wales Law Society, Submission 79, pp. 6-9.
[730] Australian Law Reform Commission, Submission 26, p. 15.
[731] Family Court of Australia Self-represented litigants: a challenge, 2003, p. 22.
[732] Shoalcoast Community Legal Centre, Submission 28, pp. 10-11; Family Court
of Australia, Submission 85, pp. 4-5;
National Legal Aid, Submission 81, p.
18; Australian Law Reform Commission, Submission
26, pp. 15-17.
[733] Family Court of Australia Self-represented litigants: a challenge, 2003, p. 22, referring to
Professor J Dewar 'Unbundling (or
'discrete task representation'): Ethical and liability issues, a brief
discussion paper, 2002.
[734] Shoalcoast Community Legal Centre, Submission 28, pp. 10-11; Family Court
of Australia, Submission 85, pp. 4-5;
National Legal Aid, Submission 81, p.
18; Australian Law Reform Commission, Submission
26, pp. 15-17.
[735] For example, section 42 of the Workplace Relations Act 1996 allows
litigants to be represented in proceedings in the Australian Industrial
Relations Commission by, amongst others, an employee of a peak council to which
the litigant is affiliated. In others, litigants may be represented by an agent:
for example, section 84B of the Native
Title Act 1993 allows parties to appoint an agent for the purpose of
representing them in proceedings under that Act.
[736] Schagen
(1993) 65 A Crim R 500 and Smith v R
(1985) 159 CLR 532 at 534.
[737] R v Bow
Country Court; Ex Parte Pelling [1999] 4 All ER 751 at 757.
[738] Perry, The
Unrepresented Litigant, AIJA 16th Conference, September 1998.
[739] Fitzroy Legal Service, Submission 48, p. 13.
[740] Federal Court of Australia 2002-2003 Annual report, pp. 46-47.
[741] Committee
Hansard, 10 March 2004, p. 1.
[742] ibid, p. 3.
[743] Mr Sam Biondo, Fitzroy Legal Service, Committee Hansard, 12 November 2003, p.
43.
[744] Community Legal Centres Association (WA) Inc, Submission 93, p. 4; Legal Aid
Commission NSW, Submission 91, p. 40.
[745] Legal Aid Commission NSW, Submission 91, p. 40; Queensland Association of Independent Legal
Services Inc (QAILS), Submission 73,
p. 13.
[746] Community Legal Centres Association (WA) Inc, Submission 93, p. 5.
[747] National Association of Community Legal Centres,
Submission 84, p. 3.
[748] Community Legal Centres Association (WA) Inc, Submission 93, p. 4; South West Sydney
Legal Centre, Submission 34, p. 2.
[749] National Association of Community Legal Centres,
Submission84, p. 3.
[750] Third
Report, para 8.80, p. 150.
[751] Third
Report, para 8.83, p. 152.
[752] Attorney-General's Department, Submission 78, p. 8.
[753] The NSW and Victorian Governments contribute the
highest levels of state funding to the Program, while WA and Tasmania do not
provide a state contribution. This has led to inequitable funding levels and
access to CLCs across Australia: National Association of Community Legal
Centres, Submission 84, Attachment D, 'Budget submission to the Commonwealth Government
20042007: Community Legal Centres An investment in value Investing in
Community Law', August 2003, p. 14.
[754] Attorney-General's Department, Submission 78, p. 8.
[755] ibid, p. 9.
[756] ibid, p. 10.
[757] For example, there are no CLCs funded under the
Program between Nowra, NSW and the Victorian border.
[758] Ms Philippa Lynch & Ms Sue Pidgeon, Committee Hansard, 9 February 2004, p.
22.
[759] Attorney-General's Department, Submission 78I, Implementation Advisory
Group, Review of Commonwealth and State
Government Community Legal Centre Funding Program, Final Report to the
Commonwealth and State Attorneys General May 2001, p. 7.
[760] Attorney-General's Department, Submission 78E, Community Legal Centre
Review Steering Committee, Joint Review
of Community Legal Centres, p. i.
[761] Ms Sue Pidgeon, Attorney-General's Department, Committee Hansard, 9 February 2004, p.
24.
[762] Fitzroy Legal Service, Submission 48, p. 32.
[763] Queensland Association of Independent Legal
Services Inc (QAILS), Submission 73,
p. 21.
[764] ibid, pp. 13-14.
[765] Submission
34, p. 2.
[766] Mr Sam Biondo, Fitzroy Legal Service, Committee Hansard, 12 November 2003, p.
45.
[767] Submission
50, p. 12.
[768] Submission
48, p. 32.
[769] Submission
91, p. 40.
[770] Submission
49, p. 2.
[771] Submission14, p. 3.
[772] Mr Michael Crozier, Blue Mountains Community
Legal Centre Inc, Committee Hansard,
13 November 2003, p. 92.
[773] See also Chapter 4.
[774] Queensland Association of Independent Legal
Services Inc (QAILS), Submission 73,
p. 26.
[775] ibid, p. 28.
[776] Community Legal Centres Association (WA) Inc, Submission 93, p. 27.
[777] Queensland Association of Independent Legal
Services Inc (QAILS), Submission 73,
p. 30.
[778] Submission
73, p. 38.
[779] ibid, p. 41.
[780] Submission
48, p. 28.
[781] National Association of Community Legal Centres,
Submission 84, Attachment D, 'Budget submission to the Commonwealth Government
20042007: Community Legal Centres An investment in value Investing in
Community Law', August 2003, pp. 5 & 6.
[782] Ms Elizabeth O'Brien, National Association of
Community Legal Centres, Committee
Hansard, 13 November 2003, p. 32.
[783] Committee
Hansard, 12 November 2003, p. 45.
[784] Committee
Hansard, 10 March 2004, p. 16.
[785] ibid.
[786] Committee
Hansard, 10 March 2004, p. 21.
[787] National Association of Community Legal Centres,
Submission 84, Attachment D, 'Budget submission to the Commonwealth Government
20042007: Community Legal Centres An investment in value Investing in
Community Law', August 2003, p. 14.
[788] Submission
93, p. 27.
[789] National Network of Women's Legal Services, Submission 86, p. 36.
[790] Community Legal Centres Association (WA) Inc, Submission 93, p. 28.
[791] Federation of Community Legal Centres (Vic) Inc,
Submission 50, p. 12.
[792] Ms Julie Bishop, National Association of
Community Legal Centres, Committee
Hansard, 13 November 2003, p. 40.
[793] ibid.
[794] Legal Aid Commission NSW, Submission 91, p. 40.
[795] Combined Community Legal Centres' Group NSW, Submission 60, p. 44.
[796] ibid.
[797] Submission
86, p. 36.
[798] Combined Community Legal Centres' Group NSW, Submission 60, p. 44.
[799] ibid.
[800] Submission
73, p. 63.
[801] Queensland CLC staff member, quoted in
Queensland Association of Independent Legal Services Inc (QAILS), Submission 73, p. 63.
[802] Committee
Hansard, 12 November 2003, p. 45.
[803] Submission
73, p. 11.
[804] ibid, pp. 4-8.
[805] Recommendation 6, p. 4.
[806] Recommendation 20, p. 7.
[807] Recommendation 23, p. 7.
[808] The Hon Peter Costello, Treasurer, Press Release 59 of 2003Release of Charities Definition Exposure
Draft, 22 July 2003.
[812] The Hon Peter Costello, Treasurer, Press Release 31 of 2004Final Response to the Charities Definition
Inquiry, 11 May 1004, available at http://www.treasurer.gov.au/tsr/content/pressreleases/2004/031.asp
