Budget Review 2021–22 Index
Howard Maclean
Legal aid services: Commonwealth
funded legal services are delivered by state and territory legal aid
commissions through the National Legal Assistance Partnership
(NLAP) and the Expensive Commonwealth Criminal Cases Fund (ECCCF).
Legal assistance services:
all of the sector-wide legal service providers, including legal aid
commissions, community legal centres (CLCs), Aboriginal and Torres Strait
Islander Legal Services (ATSILS) and family violence prevention legal
services.
The Government will provide $394.5 million of base funding to
legal assistance services under the NLAP in 2021–22.
|
Key points
In addition to the base funding, the Government will provide a
further $56 million for new NLAP funding programs relating to family violence
services, legal assistance for those with mental health conditions and other
purposes (Federal
Financial Relations: Budget Paper No. 3: 2021–22, p. 86). $10 million
announced in the previous Budget for the Family Advocacy and Support Service
program (Federal
Financial Relations: Budget Paper No. 3: 2020–21, p. 69) will also be moved
under the NLAP, for a total 2021–22 NLAP payment of $460.5 million (Budget
Paper No. 3: 2021–22, p. 86).
The Government will provide $33.8 million to legal assistance
services (CLCs and Specialist Family Violence Legal Services) as part of the
‘Justice Services’ program in the Attorney-General’s Department (Portfolio
budget statements 2021–22: budget related paper no. 1.2: Attorney-General's
Portfolio, pp. 25–26). This is substantially higher than the $13.3
million funding forecast for 2021–22 in the previous year’s Budget (Portfolio
budget statements 2020–21: budget related paper no. 1.2: Attorney-General's
Portfolio, pp. 25–26).
Total Commonwealth expenditure in grants to the legal
assistance sector in 2021–22 (including base funding) is expected to be $500.6
million in addition to some measures that are currently not for publication.[1]
National Legal Assistance
Partnership (NLAP)
Most of the funding provided by the Australian Government to
support the delivery of legal assistance services to disadvantaged Australians
is provided through the National Legal Assistance Partnership (NLAP).
The NLAP is a five-year funding agreement that commenced on 1 July 2020
covering Commonwealth funding for state/territory legal aid commissions (LACs),
community legal centres (CLCs), Aboriginal and Torres Strait Islander Legal
Services (ATSILS), Domestic Violence Units (DVUs) and Health Justice Partnerships
(HJPs).
The 2021–22 Budget will expand the NLAP, by moving the
Family Advocacy and Support Service program funding measure within the NLAP and
creating four other new lines of funding within the NLAP framework. This Budget
provides $56 million dollars of new NLAP funding in 2021–22, and anticipates
$310.3 million of new NLAP funding over the forward estimates (Budget
Paper No. 3: 2021–22, p. 86).
Table 1: NLAP funding for legal aid
services and CLCs
Year (all figures in
$ million) |
NLAP funding for legal aid
services and CLCs |
Increase from previous year base funding under National
Partnership Agreement |
2020–21 |
$299.2* |
$29.2 |
2021–22 |
$369.8** |
$70.6 |
2022–23 |
$392 |
$22.2 |
2023–24 |
$398.1 |
$6.1 |
2024-25 |
$404.2 |
$6.1 |
* Includes
Social and Community Services (SACS) funding (NLAP,
p. 13; Budget
Paper No. 3: 2020–21, p. 69) and Domestic Violence Unit and Health
Justice Partnership funding, which is administered as an element of NLAP from
2020–21 onwards. It does not include $9.9 million funding for the Family
Advocacy and Support Service program, which is included under NLAP from 2021–22.
** Includes
legal assistance funding for vulnerable women, supporting increased child
sexual abuse prosecutions, and supporting people with mental health conditions
accessing legal services from 2021–22 onwards. Funding for the Family Advocacy
and Support Service program is also included under NLAP from 2021–22 onwards.
Source: NLAP,
p. 13; National
Partnership Agreement on Legal Assistance Services, (as varied) pp. 10–12;
Budget
Paper No. 3: 2021–22, p. 86; Budget
Paper No. 3: 2020–21, p. 69; Federal
Financial Relations: Budget Paper No 3: 2019–20, p. 67.
The allocation of this funding between legal aid commissions
and CLCs is shown below.
Legal Aid Services funding
Funding is provided to LACs through three main sources—the NLAP
baseline (through which funding is provided to states and territories),
the Family Advocacy and Support Service program
and the Expensive Commonwealth Criminal Cases Fund
(ECCCF) which is administered by the Attorney-General’s Department (AGD).
From 2021–22, Commonwealth funding to LACs under the Family
Advocacy and Support Service program (FASS) (which is an integrated duty
lawyer and social worker service for those affected by family violence,
delivered through LACs) will be administered as a component of the NLAP. Funding
for this program has been extended through the forward estimates and will increase
substantially from 2022–23 (Budget
Paper No. 3: 2021–22, p. 86).
Figure 1 shows payments to states and territories for legal
aid commissions between 1995–96 and 2021–2022.[2] From 2015–16 the funding
reflects the NPALAS (National
Partnership Agreement on Legal Assistance Services, the predecessor to
NLAP) and from 2020–21 the funding reflects the NLAP (with FASS funding
included for 2021–22 onwards).
Figure 1:
payments for the provision of legal aid services to states and territories
(non-adjusted figures)
Source: Parliamentary Library estimates (see footnote 2).
ECCCF funding
Funding for LACs is also provided through the ECCCF. LACs
can apply for funding under the ECCCF when defending clients in high-cost
Commonwealth criminal matters such as drug importation, people smuggling,
terrorism, fraud and slavery (AGD, ‘Expensive
Commonwealth Criminal Cases Fund’).
ECCCF funding will more than double in 2021–22. The Budget
papers do not explain the reasons for this rise in funding. It will then return
to funding levels similar to 2020–21. Table 2 shows ECCCF from 2017–18 to 2024–25.[3]
Table 2: Expensive Commonwealth
Criminal Cases Fund amounts
(all figures in
$’000) |
2017–18 Budget |
2018–19 Budget |
2019–20 Budget |
2020–21 Budget |
2021–22 Budget |
2022–23 Forward estimate |
2023–24 Forward estimate |
2024–25 Forward estimate |
Expensive
Commonwealth
Criminal Cases Fund |
2017–18 Budget |
3,675 |
3,722 |
3,769 |
3,799 |
N/A |
N/A |
N/A |
N/A |
2018–19 Budget |
3,675* |
3,722 |
3,765 |
3,799 |
3,852 |
N/A |
N/A |
N/A |
2019–20 Budget |
|
5,100* |
7,966 |
nil |
nil |
nil |
N/A |
N/A |
2020–21 Budget |
|
|
16,561* |
8,101 |
8,174 |
8,276 |
8,392 |
N/A |
2021–22 Budget |
|
|
|
8,101* |
18,220 |
8,301 |
8,417 |
8,765 |
* estimated actual from relevant
Portfolio budget statements.
Source: as per footnote 3.
Community legal centre funding
The Australian Government provides funding for CLCs through
the NLAP and the ‘Justice Services’ program in the AGD.
The NLAP includes both general baseline funding for CLCs,
and baseline funding for use in family law and/or family violence related
matters (National
Legal Assistance Partnership, pp. 13, 17).
Since 2015–16 the majority of funding for CLCs has been provided through the
NPALAS and now the NLAP. Prior to 2015–16 the majority of CLC funding was
provided through the AGD (Portfolio
budget statements 2015–16: budget related paper no. 1.2: Attorney-General's
Portfolio, pp. 19, 30).
CLC NLAP funding
In 2021–22 the Australian Government will provide $55.9
million funding for CLCs through the NLAP (Budget
Paper No. 3: 2021–22, p. 86). Funding provided through the NLAP will
increase each year in the forward estimates, as shown in Table 3 below.
Table 3: NLAP funding for CLCs
Year
(all figures in $ million)
|
CLC
Baseline
|
CLC
Baseline: Family Law or Family Violence
|
Total
NLAP funding for CLCs
|
Increase
|
2020–21 |
33.4 |
15.1 |
55.0* |
4.9 |
2021–22 |
40.6 |
15.3 |
55.9 |
0.9 |
2022–23 |
41.2 |
15.5 |
56.7 |
0.8 |
2023–24 |
41.9 |
15.8 |
57.6 |
0.9 |
2024–25 |
42.5 |
16 |
58.6 |
0.9 |
* Includes SACS funding of $6.5 million.
Source: NLAP,
p. 13; Final
Budget Outcome 2019–20, p. 78, NPALAS
pp. 10–12.
AGD ‘Justice Services’ funding
The 2021–22 Budget will more than double CLC
funding provided through the AGD to $7.3 million from $3.1 million forecast ($3.7
million actual) in the 2020–21 Budget. The Government projects funding to be
retained at this higher level over the forward estimates (Portfolio
budget statements 2021–22: budget related paper no. 1.2: Attorney-General's
Portfolio, p. 25), as per Table 4 below.
Table 4: funding for CLCs provided
through the AGD[4]
(all figures in $’000) |
2017–18 Budget |
2018–19 Budget |
2019–20 Budget |
2020–21 Budget |
2021–22 Budget |
2022–23 Forward estimate |
2023–24 Forward estimate |
2024–25 Forward estimate |
Community legal services |
2017–18 Budget |
8,989 |
10,185 |
2,991 |
3,179 |
N/A |
N/A |
N/A |
N/A |
2018–19 Budget |
8,989* |
10,185 |
2,988 |
3,179 |
3,223 |
N/A |
N/A |
N/A |
2019–20 Budget |
|
2,625* |
2,647 |
3,124 |
3,172 |
3,238 |
N/A |
N/A |
2020–21 Budget |
|
|
2,913* |
3,118 |
3,147 |
3,199 |
3,244 |
N/A |
2021-22 Budget |
|
|
|
3,696* |
7,315 |
7,126 |
7,228 |
7,318 |
*Estimated
actual from relevant Portfolio budget statements.
Source: as per footnote 4.
Total CLC funding
Figure 2 below shows Commonwealth recurrent spending on CLCs
from 2005–06 to 2024–25. The figures from 2015–16 onwards include funding
provided through the AGD and funding provided under the NPALAS, and from
2020–21 the funding reflects the NLAP and funding provided through the AGD.[5]
Figure 2: total Commonwealth
funding for CLCs (non-adjusted figures)
Source: Parliamentary Library estimates (see footnote 5).
Specialist Family Violence Legal
Services
The Commonwealth also provides funding to Specialised Family
Violence Legal Services (SFVLS), Domestic Violence Units (DVUs), and Health
Justice Partnerships (HJPs) through distinct funding lines in both NLAP and
the AGD’s direct funding programs.
DVUs, HJPs and other SFVLS may
sit within a LAC, a general CLC, or a women’s or otherwise specialised CLC.[6]
DVUs and HJPs provide legal assistance and other forms of support
to women experiencing or at risk of domestic violence, including financial
counselling, tenancy assistance, trauma counselling, emergency accommodation,
family law services and employment services (NLAP,
p. 17; Budget Review 2016–17, p. 92; G
Brandis (Attorney-General), Turnbull
Government funds new domestic violence units, media release,
16 October 2017).
NLAP DVU and HJP funding
Under the NLAP, the Government had agreed to
provide $10.1 million to DVUs and HJPs in 2021–22 (NLAP p. 13), as shown in Table 5 below. The
Budget, however, provides funding of $14.3 million in 2021–22, an increase of
$4.2 million. Over the forward estimates, the Government will provide
additional funding of $17.1 million above that set out in the NLAP (Budget
Paper No. 3: 2021–22, p. 86). This additional funding is
an element of the Mental Health package and will fund mental health workers in
DVUs and HJPs to support women who have experienced family violence (Budget Paper No. 2: 2021–22, p. 117).
Table 5: Domestic Violence
Unit and Health Justice Partnership funding
Year
(all figures in $ million)
|
NLAP
Baseline
|
2021–22
Budget
|
Difference
|
2020–21 |
9.9 |
9.9 |
0 |
2021–22 |
10.1 |
14.3 |
4.2 |
2022–23 |
10.2 |
14.5 |
4.3 |
2023–24 |
10.4 |
14.7 |
4.3 |
2024–25 |
10.6 |
14.9 |
4.3 |
Total |
51.2 |
68.3 |
17.1 |
Source: NLAP p. 13, Budget
Paper No. 3: 2021–22, p. 86.
AGD ‘Justice Services’ Funding
Since the Women’s Economic Security Package in the 2018–19
MYFEO, a new AGD funding program ‘Support for Specialist Family Violence Legal
Services’ was separated out from the CLC program, to provide funding to SFVLS,
including DVU and HJPs directly (Portfolio
additional estimates statements 2018–19: Attorney-General’s Portfolio,
pp. 24 and 27).
The Government has previously projected a reduction in
direct AGD funding to Specialist Family Violence Legal Services (SFVLS) to around
$2 million from 2020–21 onwards, but this reduction has not yet eventuated (Portfolio
budget statements 2019–20: budget related paper no. 1.2: Attorney-General's
Portfolio, p. 25). The Government will provide $8.3 million in direct
specialist family violence legal services funding in the 2021–22 budget,
projecting a fall to $2 million in 2022–23 (Portfolio
budget statements 2021–22: budget related paper no. 1.2: Attorney-General's
Portfolio, pp. 25–26), as per Table 6 below.
This funding drop reflects the movement of funding for DVUs
and HJPs from the AGD to the NLAP.
Table 6: funding for SFVLs provided
through the AGD[7]
(all figures in $’000) |
2018–19 Budget |
2019–20 Budget |
2020–21 Budget |
2021–22 Budget |
2022–23 Forward estimate |
2023–24 Forward estimate |
2024–25 Forward estimate |
Specialist Family Violence
Legal Services |
2018–19 MYFEO |
7,800 |
11,738 |
11,914 |
12,093 |
N/A |
N/A |
N/A |
2019–20 Budget |
7,800* |
11,726 |
1,980 |
2,012 |
2,040 |
N/A |
N/A |
2020–21 Budget |
|
14,516* |
9,016 |
1,996 |
2,016 |
2,045 |
N/A |
2021–22 Budget |
|
|
9,016* |
8,258 |
2,022 |
2,051 |
2,073 |
*Estimated actual from
relevant Portfolio budget statements.
Source: as per footnote 7.
Indigenous legal assistance
services
As noted in Budget
Review 2014–15 (p. 116), changes to some Indigenous program names,
their transfer to the Department of the Prime Minister and Cabinet, subsequent
consolidation, and the lack of detail in relevant portfolio budget papers makes
assessing long-term funding trends difficult. The relevant
portfolio budget statements note that funding for the Indigenous Legal
Assistance Program was transferred to the Department of Treasury from the
2020–21 Budget and is included in the NLAP as the Aboriginal and Torres Strait
Islander Legal Services (ATSILS) program.[8]
The funding commitments for the former Indigenous Legal
Assistance Program (ILAP), (previously named the Indigenous Legal Aid Policy
Reform Program, Budget
Review 2015–16, p. 106), and the ATSILS component of the
NLAP are detailed in Table 7 below:
Table 7: funding commitments for
the Indigenous legal assistance programs[9]
(all
figures in $’000) |
2017–18 Budget |
2018–19 Budget |
2019–20 Budget |
2020–21 Budget |
2021–22 Forward estimate |
2022–23 Forward estimate |
2023–24 Forward estimate |
2024–25 NLAP |
Indigenous
Legal Assistance Program/ Aboriginal
and Torres Strait Islander Legal Services component of NLAP. |
2017–18 Budget |
74,463 |
74,365 |
75,276 |
70,173 |
N/A |
N/A |
N/A |
N/A |
2018–19 Budget |
74,463* |
74,365 |
75,202 |
70,173 |
71,155 |
N/A |
N/A |
N/A |
2019–20 Budget |
|
74,365* |
75,202 |
Nil |
Nil |
Nil |
N/A |
N/A |
2020–21 Budget/
NLAP |
|
|
77,690* |
85,307** |
86,683 |
88,202 |
89,612 |
91,046 |
2021–22 Budget/
NLAP |
|
|
|
85,307* |
86,682 |
88,202 |
89,612 |
91,046 |
* Estimated actual from
portfolio budget statements.
** Includes SACS supplementation.
Source: as per footnote 9.
Funding for the ATSILS
component of the NLAP represents an increase on funding provided previously
under the ILAP, with funding for 2020–21 increasing $7.6 million over 2019–20
levels. Funding for 2024–25, the last year of the NLAP, increases by a further
$5.7 million over 2020–21 levels. This represents a $13.4 million increase on
2019–20 funding levels.[10]
Other legal
assistance related measures
In addition to the above long-term programs
and funding arrangements, the Budget includes additional legal assistance
related measures, in the form of new components of the NLAP and other Budget
initiatives new to the 2021–22 Budget.
NLAP - Increased
legal assistance funding for vulnerable women
This year’s Budget contains new funding
commitments to women’s legal centres to enable them to respond to increasing
demand for domestic violence services. The Government will provide $31.6
million of additional funding in 2021–22 and forecasts total funding of $129
million over the forward estimates. (Budget
Paper No. 3: 2021–22, p. 86; Women’s
Budget Statement 2021–22, p. 25). This funding will be provided through
the NLAP (Budget Paper No. 2: 2021–22, p. 84).
NLAP - Legal
Assistance for people with mental health conditions
The Mental Health package in this year’s Budget
also contains funding to support the early resolution of legal problems for
those experiencing mental health issues (Budget Paper No. 2: 2021–22, p. 117). The Government
will provide $15 million in 2021–22, and a further $15 million each year
through to 2024–25 for a total of $60 million (Budget
Paper No. 3: 2021–22, p. 86). This funding is being
delivered under the NLAP.
NLAP – Supporting
increased child sexual abuse prosecutions
From 2021–22, the Commonwealth will provide additional
funding to the legal assistance sector through the NLAP to ensure that
prosecutions of child sexual abuse offences are not delayed due to the accused
lacking representation (Budget Paper No. 2: 2021–22, p. 175). The
government will provide $1.6 million in 2021–22, and a further $1.7 million
annually over the forward estimates, for a total of $6.7 million (Budget
Paper No. 3: 2021–22, p. 86).
NLAP – Legal
assistance family law pilot program
From 2021–22, the Commonwealth will fund a new
pilot program in South Australia ‘to increase the capacity of the legal
assistance sector to provide services in family law matters’ (Budget
Paper No. 3: 2021–22, p. 90). The Government will provide
$3.6 million in 2021–22, and a further $3.6 million every year of the forward
estimates, for a total of $14.4 million (Budget
Paper No. 3: 2021–22, p. 86).
Respect@Work legal
assistance
This Budget also includes funding for
‘additional legal assistance for specialist lawyers with workplace and
discrimination law expertise’ as an element of the Government’s Respect@Work
response implementation (Budget Paper No. 2: 2021–22, p. 61). The
financial implications of this project are not for publication due to the
ongoing negotiations with the states and territories. This funding has not been
included as part of the NLAP funding commitments.
Family Violence and Cross
Examination of Parties scheme
Since 2019, direct cross-examination by a
party to a family law proceeding is not permitted where there is an allegation
of family violence between the parties and specified circumstances exist (such
as either party being charged with or convicted of an offence involving
violence or the threat of violence to the other party, or a family violence
order (other than an interim order) applying to the parties—see Division 4
of Part XI of the Family Law Act 1975).
As part of the Women’s Economic Security Package announced in
2018, the Government committed to providing funding to Legal Aid Commissions to
ensure that parties have representation in cases where the ban applies. The
Government is providing $6.3 million in 2021–22 to continue the scheme (Budget Paper No. 2: 2021–22, p. 62).
Discontinued legal
assistance related measures
COVID-19 related
legal assistance measures
The 2020–21 budget included a series of
measures as part of the Government’s response to COVID-19, including support
for virtual legal service delivery and the provision of additional legal
assistance services for families and children experiencing hardship (Budget
Measures: Budget Paper No. 2: 2020–21, pp. 210–211).
These measures are not being continued after 2021–22.
Reaction from
stakeholders
Law Council of
Australia
The Law Council of Australia (LCA) was ‘pleased’ with the additional funding for the
legal assistance sector, stating that the Budget is a ‘step in the right
direction’. The LCA noted that while it wants significant increases in funding
across all parts of the legal assistance sector, ‘particularly for
specialised and culturally appropriate legal services for Aboriginal and Torres
Strait Islander people’, it is ‘hopeful that this budget indicates a recognition’
by the government of the importance of the sector.
National Aboriginal and
Torres Strait Islander Legal Services (NATSILS)
NATSILS is ‘concerned’ at the lack of additional funding
for ATSILS, noting the ‘lack of resourcing and funding for the ATSILS has severe
implications for the many coronial inquests they are involved with’. On the
additional funding for family violence services, NATSILS noted:
We welcome any announcement of funding for the sector to
provide assistance, casework, counselling and court support to Aboriginal and
Torres Strait Islander adults and children who are victims/survivors of family
violence, however, given the existing and ongoing demand we support the calls
by the National [Family Violence Prevention and Legal Services]
Forum for additional funding, a move to national coverage of services and
long-term funding agreements to ensure funding certainty
National Family Violence Prevention and Legal
Services Forum Chair Antoinette Braybrook criticised the additional funding as
inadequate, noting:
We have been clear, to provide the crucial front-line
services our women need, our 14 family violence legal prevention services
require an additional investment of at least $28 million per year. The 2021
Budget delivers less than a quarter of that vitally needed funding …
Community Legal Centres Australia
Community Legal Centres Australia (CLCs Australia) ‘warmly
welcomes’ the additional funding for CLCs, in particular the new funding
for women’s legal services under the NLAP. CLCs Australia CEO Nassim Arrage
stated that demand for community legal centre services had ‘skyrocketed’ over
the past 12 months and the additional funding ‘will enhance the capacity of
services that are already stretched to their limit’. However, Mr Arrage noted
that a range of COVID-19 measures would come to an end in March 2021 and
requested an extension of this funding ‘as otherwise, in the next six weeks,
community legal centres will be forced to wind down the services they
established using those funds’. Mr Arrage described the delay between the
cessation of the existing COVID-19 legal assistance funding and the new budget
programs as an ‘unfortunate service gap’.
Women’s Legal Services
Women’s Legal Service Victoria described the additional funding for
women’s legal services as a ‘big win in
fed budget for women experiencing family violence needing to access specialist
legal assistance’. Women’s Legal Service QLD said
that it ‘congratulate[s] and thank[s] the federal government on the
increased investment in Women’s Legal Services Australia’ and was ‘heartened by
the acknowledgement that for many women escaping domestic violence, a Women's
Legal Service is essential to them finding safety and security after separation’.
Women’s Legal Services Australia described
the investment as ‘significant’, additionally welcoming broader women’s safety
reforms as ‘promising steps forward in the national effort to end gendered
violence’.
Women’s Safety NSW
Women’s
Safety NSW noted the ‘record investment in women’s safety’ but stated that the
additional funding provided in the Budget ‘falls substantially short of the $3
billion over three years … called for by women’s safety organisations across
the country to meet critical gaps in frontline domestic and family violence
services …’
[1].
This figure is derived from the sum of National Legal Assistance
Partnership (NLAP) payments ($460.5 million), Attorney-General’s Department (AGD)
direct funding ($33.8 million), and the Family Violence and Cross Examination
of Parties scheme ($6.3 million, Budget Measures: Budget Paper No. 2: 2021–22, p. 62). It does not include the funding for the Respect@Work legal
assistance scheme, which is currently not for publication due to ongoing
negotiations with the states and territories (Budget Paper No. 2: 2021–22, p. 61).
[2].
For consistency, figures for 1994–1995 to 2007–2008 were drawn from the
relevant Portfolio budget statements: see, for example, Australian Government, Portfolio
budget statements 1995–1996: budget related paper no. 4.1: Attorney-General's
Portfolio, p. 75. The figures for 2008–09 to 2014–15 were drawn from the
respective Final Budget Outcome papers: see, for example, Australian
Government, Final
budget outcome 2014–2015, 2015, p. 77. Figures from 2015–16 to 2019–20
were drawn from COAG, National
Partnership Agreement on Legal Assistance Services,
[2016], as varied 28 June 2017, pp. 10–12 and calculated on the basis of the funding
allocated for legal aid commissions only. Figures
from 2020–21 to 2024–25 were drawn from: National
Legal Assistance Partnership, op.
cit., p. 13, Budget
Paper No. 3: 2020–21, op. cit., p. 69 and Budget
Paper No. 3: 2021–22, p. 86 (including funding for the Family Advocacy
and Support Service program from 2021–22) and calculated on the basis of the
funding allocated for legal aid commissions only. Other
sources provide figures that can differ substantially, see: J Murphy, ‘Legal
aid and legal assistance services’, Budget review 2013–14, Research
paper, 3, 2012–13, Parliamentary Library, Canberra, May 2013, p. 61.
[3].
Australian Government, Portfolio
budget statements 2017–18: budget related paper no. 1.2: Attorney-General's
Portfolio, p. 19; Australian Government, Portfolio
budget statements 2018–19: budget related paper no. 1.2: Attorney-General's
Portfolio , p. 17; Australian Government, Portfolio
budget statements 2019–20: budget related paper no. 1.2: Attorney-General's
Portfolio , p. 24; Australian Government, Portfolio
budget statements 2020–21: budget related paper no. 1.2: Attorney-General's
Portfolio , p. 25; Australian Government, Portfolio
budget statements 2021–22: budget related paper no. 1.2: Attorney-General's
Portfolio , p. 25.
[4].
Portfolio
budget statements 2017–18: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 19; Portfolio
budget statements 2018–19: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 17; Portfolio
budget statements 2019–20: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 24–25; Portfolio
budget statements 2020–21: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 25–26, Portfolio
budget statements 2021–22: budget related paper no. 1.2:
Attorney-General's Portfolio, op. cit., 25–26.
[5].
For consistency, figures for 2005–2006 to 2015–16 were drawn from the
respective final budget outcome papers. See, for example: Australian
Government, Final
budget outcome 2014–2015, September 2015, p. 77. Figures from 2016–17
to 2019–20 were drawn from COAG, National
Partnership Agreement on Legal Assistance Services,
[2016], as varied 28 June 2017, pp. 10–12 and the relevant portfolio budget
papers and calculated by combining the spending on CLCs contained in the NPALAS
and portfolio budget paper. See, for example: Portfolio
budget statements 2018–19: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 17. Figures from 2020–21 to 2024–25 were
drawn from Attorney-General's Department (AGD), National
Legal Assistance Partnership, [2020], p. 13; Budget Paper No. 3: 2021–22 ,
op. cit., p. 86 and Portfolio
budget statements 2021–22: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 25 and calculated on the basis of the funding allocated for ‘Community Legal Services Program’, and CLC-specific
funding in the NLAP.
[6].
DVUs and HJPs are described as a subset of entities eligible for SFLVS
funding in previous budget papers, see Portfolio
additional estimates statements 2018–19: Attorney-General’s Portfolio,
p. 27 and Portfolio
budget statements 2019–20: budget related paper no. 1.2: Attorney-General's
Portfolio, p. 26.
[7].
Portfolio
additional estimates statements 2018-19 Attorney-General’s Portfolio,
pp. 24, Portfolio
budget statements 2019–20: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., pp. 24-25; Portfolio
budget statements 2020–21: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., pp. 25-26, Portfolio
budget statements 2021–22: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., pp. 25-26.
[8].
Portfolio
budget statements 2019–20: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., pp. 25–26; Portfolio
budget statements 2020–21: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., pp. 27, 29; National
Legal Assistance Partnership, op. cit., p. 13; Budget
Paper No. 3: 2020–21, op. cit., p. 69.
[9].
Portfolio
budget statements 2017–18: budget related paper no. 1.2: Attorney-General's
Portfolio , op. cit., p. 20; Portfolio
budget statements 2018–19: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 19; Portfolio
budget statements 2019–20: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 25; Portfolio
budget statements 2020–21: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 25; Portfolio
budget statements 2021–22: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 25; National
Legal Assistance Partnership, op. cit., p. 13; Budget
Paper No. 3: 2020–21, op. cit., p. 69. Budget
Paper No. 3: 2021–22, p. 86.
[10].
Portfolio
budget statements 2019–20: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 25; Portfolio
budget statements 2020–21: budget related paper no. 1.2: Attorney-General's
Portfolio, op. cit., p. 27; National
Legal Assistance Partnership, op. cit., p. 13; Budget
Paper No. 3: 2020–21, op. cit., p. 69.