Recommendations
Recommendation 1
2.35 The
committee recommends that the federal, state and territory governments jointly
fund a comprehensive national survey of demand and unmet need for legal
assistance services in Aboriginal and Torres Strait Islander communities, with
particular identification of rural, regional and remote communities and
Indigenous women's needs, to be jointly undertaken with state/territory legal
aid commissions, community legal centres, Aboriginal legal services, National
Legal Aid and the Law and Justice Foundation NSW.
Recommendation 2
2.38 The
committee recommends that the federal, state and territory governments, in
conjunction with relevant stakeholders, and using an evidence‑based
approach, review existing legal assistance service programs to determine
whether the legal aid system is meeting the needs of the Australian people.
Recommendation 3
2.39 The
committee recommends that the federal, state and territory governments, in
conjunction with relevant stakeholders, and using an evidence‑based
approach, review existing funding programs for legal aid commissions, community
legal centres, Aboriginal and Torres Strait Islander legal services, and Family
Violence Prevention Legal Services units with a view to sufficiently resourcing
the legal aid system to meet the legal needs of the Australian people,
including appropriate loadings for high needs areas such as remote, rural and
regional areas.
Recommendation 4
2.87 The
committee recommends that state/territory governments and legal professional
associations throughout Australia take such steps as are necessary to:
-
advertise and promote
participation in formal pro bono schemes, including the National Pro Bono
Aspirational Target scheme;
-
mandate a pro bono
legal work requirement for all classes of practising certificate, including
those issued to government employees; and
-
abolish the
practising certificate fee for legal practitioners whose practise involves pro
bono legal work only.
Recommendation 5
2.97 The
committee recommends that the Australian Government investigate means by which
small to medium sized legal firms could be encouraged to further participate in
the provision of pro bono legal services.
Recommendation 6
2.123 The
committee recommends that the federal, state and territory governments provide
additional funding to legal aid commissions, community legal centres and
Indigenous legal services with a view to expanding service delivery in rural,
regional and remote areas. This funding must take into account the significant
resources required by legal aid commissions, community legal centres and
Indigenous legal services in undertaking resource‑building initiatives in
rural, regional and remote areas.
Recommendation 7
2.124 The
committee recommends that incentives be considered to encourage lawyers to
practice in rural, regional and remote areas.
Recommendation 8
3.81 The
committee recommends that the federal, state and territory governments, in
conjunction with relevant stakeholders, jointly develop and implement a
national civil law program in identified high need areas.
Recommendation 9
3.110 The
committee recommends that the Australian Government increase the level of
funding for the Legal Aid Program with a view to sufficiently resourcing the
legal aid system to meet the legal needs of the Australian people, including
specific funding for community education programs and telephone advice schemes.
Recommendation 10
3.126 The
committee recommends that the Australian, state and territory governments
jointly develop and implement realistic and consistent national means test
income and assets levels with an in‑built mechanism for ensuring that the
levels do not stagnate over time.
Recommendation 11
4.11 The
committee recommends that each state and territory registry of the Federal
Court of Australia be permanently staffed by a locally‑based and legally
trained registrar.
Recommendation 12
4.17 The
committee recommends that the federal, state and territory governments create
and fund a specific disbursement fund for pro bono matters, with eligibility
criteria designed to promote the provision of pro bono legal services by the
private legal profession.
Recommendation 13
4.23 The
committee recommends that the federal, state and territory governments develop
and implement uniform general disbursement funds throughout Australia to be
accessed according to defined criteria with a view to easing the cost of
justice for disadvantaged Australians.
Recommendation 14
4.38 The
committee recommends that the federal, state and territory governments enact
legislation to abrogate the indemnity principle, to the extent necessary, to
ensure that litigation costs can be awarded and recovered in pro bono matters.
Recommendation 15
4.76 The
committee recommends that the federal, state and territory governments, in
conjunction with affected stakeholders, review and modernise existing legal aid
fee scales including an inflator to promote participation of the private legal
profession in legal aid service delivery.
Recommendation 16
5.39 The
committee recommends that the federal, state and territory governments
commission research to quantify the economic effects that self‑represented
litigants have on the Australian justice system, including court, tribunal,
other litigant, legal aid system and social welfare system costs.
Recommendation 17
5.40 The
committee recommends that the federal courts and tribunals should report
publicly on the numbers of self‑represented litigants and their matter
types, and urges state and territory courts to do likewise.
Recommendation 18
5.55 The
committee recommends that the federal, state and territory governments jointly
fund and establish a comprehensive duty solicitor scheme in identified high
need areas throughout Australia with a view to reducing the length of litigation
and increasing judicial efficiency in self‑represented matters.
Recommendation 19
5.61 The
committee recommends that judicial and court officers receive training in
relation to assisting self‑represented litigants.
Recommendation 20
6.47 The
committee recommends that the Australian Government consider funding a number
of restorative justice pilot programs in areas where there is an over‑representation
of minor offenders in the criminal justice system.
Recommendation 21
6.56 In
conjunction with Recommendation 1, the committee recommends that the federal,
state and territory governments recognise the potential benefits of justice
reinvestment, and develop and fund a justice reinvestment pilot program for the
criminal justice system.
Recommendation 22
7.23 The
committee recommends that the Attorney‑General's Department, in
consultation with interested stakeholders, expedite the development of a new
funding model for the allocation of Australian Government funding to all
community legal centres.
Recommendation 23
7.60 Subject
to increased accountability and transparency requirements, including measurable
key performance indicators and benchmarks, the committee recommends that the
federal, state and territory governments increase the level of funding for
community legal centres with a view to sufficiently resourcing this sector of
the legal aid system to meet the needs of the Australian people.
Recommendation 24
7.63 In
conjunction with Recommendation 22, the committee recommends that the
Australian Government reconsider the eligibility criteria of the Community
Legal Services Program with a view to allowing for the admission of suitable
community legal centres throughout Australia.
Recommendation 25
7.88 The
committee recommends that the Australian Government provide the Federation of
Community Legal Centres with some funding support for its proposed Community
Legal Centre Graduate program and that future Community Legal Centre graduate
schemes be similarly supported.
Recommendation 26
8.27 The
committee recommends that the federal, state and territory governments inquire
into and report on joint funding for the Legal Aid for Indigenous Australians
program and related services with a view to more equitably apportioning
financial responsibility for Indigenous legal services funding.
Recommendation 27
8.43 The
committee recommends that the Australian Government increase the level of
funding for Indigenous legal services with a view to sufficiently resourcing
this sector of the legal aid system to meet the needs of Indigenous peoples,
including appropriate loadings for extra service delivery costs.
Recommendation 28
8.61 The
committee recommends that:
-
the federal, state
and territory governments provide additional funding to court‑based
interpreter services in each state and territory with a view to expanding that
service in high need areas; and
-
the Australian
Government commence a process of consultation to seek solutions to the
translating difficulties associated with some Indigenous languages, with a view
to reducing language barriers to access to justice.
Recommendation 29
8.77 The
committee recommends that the federal, state and territory governments jointly,
and in conjunction with affected stakeholders, review current salary levels
across legal aid commissions and Aboriginal and Torres Strait Islander legal
services, and propose salary level reforms for this sector of the legal aid
system with a view to eliminating wage disparity.
Recommendation 30
8.78 The
committee recommends the introduction of portable leave entitlements across
legal aid service providers in Australia with a view to enhancing the retention
of staff in these sectors.
Recommendation 31
8.134 The
committee recommends that the Australian Government respond to this report no
later than March 2010.
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