[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.
[51] Attorney-Generals Department, Submission 78, p.4.
[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.
[85] Queensland Legal Aid, Submission 31, p.17; South Australian Legal Services Commission, Submission 51, p.3.; National Legal Aid, Submission 81, p.9.; Northern Territory Legal Aid, Submission 82, p.9.; NSW Legal Aid, Submission 91, p.23.;Victoria Legal Aid, Submission 97, p.12.
[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.
[102] ibid.
[103] Attorney-General's Department, Submission 78E.
[104] Law Council of Australia, Submission 62, p.2.
[105] NSW Combined Community Legal Centres Group, Submission 60, p. 12.
[106] ibid.
[107] ibid, p. 25.
[108] http://www.lawfoundation.net.au/media/260304.html (accessed 5 April 2004).
[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.
[178] Commonwealth-State Legal Aid Agreements 2000-2004, Commonwealth priorities, Sch 2, subclause 2(5).
[179] ibid, subclause 2(4).
[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] Submission 31, 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, Submission 19, p. 2.
[215] Sole Parents Union, Submission 20, pp. 6-7.
[216] National Council of Single Mothers and their Children, Submission 19, 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, Submission 72, 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
[300] NACLC Submission 84B, citing Recommendations 84, 105, 106 and 107.
[301] ibid, p. 2.
[302] ibid.
[303] ibid, p. 3.
[304] ibid, p. 2.
[305] ibid, p. 3.
[306] ibid, p. 4.
[307] ibid, p. 5.
[308] Submission 113.
[309] Submission 114.
[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] Submission 98, p. 16.
[348] ibid.
[349] Committee Hansard, 12 November 2003, pp. 65 & 69.
[350] ibid, p. 66.
[351] Submission 98, 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.
[361] Wirringa Baiya Aboriginal Womens Legal Service, Submission 89, p. 7.
[362] Submission 95, pp. 6-7.
[363] ibid.
[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, Submission 93, 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, Submission 93, 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, Submission 93, 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, Submission 93, p. 15. See further Chapter 10.
[412] Community Legal Centres Association (Western Australia) Inc, Submission 93B (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, Submission 93B (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, Submission 93B (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, Submission 93B (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.
[512] ibid, p.3.
[513] ibid.
[514] ibid, p.2.
[515] Migration Agents Registration Authority Annual Report 2002-03, p.13.
[516] IARC, Submission 52, p.3.
[517] ibid.
[518] Mr Phil Lynch, Coordinator, Homeless Persons Legal Clinic, Committee Hansard, 12 November 2003, p. 6.
[519] ibid.
[520] Homeless Persons' Legal Clinic, Submission 13, p. 10.
[521] Mr Phil Lynch, Committee Hansard, 12 November 2003, p.6.
[522] ibid.
[523] Homeless Persons' Legal Clinic, Submission 13, p.21.
[524] ibid.
[525] ibid.
[526] Mr Phil Lynch, Committee Hansard, 12 November 2003, p.6.
[527] ibid.
[528] Mr Phil Lynch, Committee Hansard, 12 November 2003, p.6.
[529] Homeless Persons' Legal Clinic, Submission 13, p. 31.
[530] ibid, p. 29.
[531] ibid.
[532] Homeless Persons' Legal Clinic, Submission 13, p.35.
[533] ibid, p.35.
[534] ibid, p.36.
[535] ibid.
[536] ibid, p.37.
[537] Homeless Persons' Legal Clinic, Submission 13, p.39.
[538] ibid.
[539] Submission 39, p. 5.
[540] ibid, p. 7.
[541] ibid.
[542] ibid, p. 5
[543] ibid.
[544] Youth Legal Service, Submission 1.
[545] ibid, p.5.
[546] ibid, p.18.
[547] ibid, p.5.
[548] ibid.
[549] Committee Hansard, 13 November 2003, p. 93.
[550] ibid.
[551] ibid.
[552] Youth Legal Service, Submission 1, p. 12.
[553] ibid, p. 7.
[554] ibid, p. 15.
[555] ibid, p. 16.
[556] ibid, p. 18.
[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, 2001-02 Legal 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 Pilot Scheme, 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) v R (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.
[665] Chief Justice Nicholson, Committee Hansard 10 March, p.3.
[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, Submission 84, 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] Submission 14, 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 2003 Release of Charities Definition Exposure Draft, 22 July 2003.
[809] Submission 60, p. 49.
[810] ibid.
[811] See http://www.taxboard.gov.au, accessed on 17 May 2004.
[812] The Hon Peter Costello, Treasurer, Press Release 31 of 2004 Final Response to the Charities Definition Inquiry, 11 May 1004, available at http://www.treasurer.gov.au/tsr/content/pressreleases/2004/031.asp
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