Access to Justice

8 December 2009

© Commonwealth of Australia 2009
ISBN 978-1-74229-087-4

View the report as a single document - (PDF 1019KB)

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Letter received from Mr John Corker, Executive Director, National Pro Bono Resource Centre - (PDF 91KB)

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View the report as separate downloadable parts:

Members of the Committee	(PDF 6KB)
Terms of reference	(PDF 4KB)
List of figures, tables and graphs	(PDF 15KB)
Figures Tables Graphs
Abbreviations	(PDF 6KB)
Overview and conclusions	(PDF 23KB)
Access Legal aid commissions Cost Length, complexity and efficiency Alternative means Community legal centres Indigenous legal services Summary
Recommendations	(PDF 29KB)
Chapter 1 - Introduction	(PDF 10KB)
Background Previous reports Conduct of the inquiry Acknowledgement Note on references
Chapter 2 - The ability of people to access legal representation	(PDF 114KB)
The current context of funding The National Legal Needs Survey Australia's human rights obligations Current Australian Government legal aid programs Lack of access to legal representation
Chapter 3 - The adequacy of legal aid	(PDF 176KB)
An overview of legal aid commissions The Legal Aid Program Figure 3.1 – Legal Aid Commission funding: 2004-2009   Figure 3.2 – Commonwealth core legal assistance funding: 2009-2013   Table 3.1 – Estimated payments to the states/territories for legal aid Figure 3.3 – State/territory legal assistance funding: 2004-2009 Figure 3.4 – Australian, state and territory government funding for Legal Aid Commissions: 2004-2010 The adequacy of funding Figure 3.5 – Tasmania Legal Aid: Applications Received, Approved, Refused: 2007 Figure 3.6 – Legal Aid Commission applications by matter type: 2007-2008 The Commonwealth/state funding divide Funding in the Federal Financial Relations framework The Legal Aid Priorities and Guidelines
Chapter 4 - The Cost of Delivering Justice	(PDF 98KB)
The Commonwealth's annual court costs Table 4.1 – Federal court system costs: 2008-09 The cost of disbursements Exposure to adverse costs orders The cost of legal representation Figure 4.1 – Supply of legal aid by the private profession Figure 4.2 – Supply of legal aid by the private profession in regional and remote areas Table 4.2 – Private legal fees and legal assistance fees in criminal law matters (Victoria) Table 4.3 – Victoria Legal Aid fees paid to criminal barristers Table 4.4 – Comparison of legal professionals' income: 2008
Chapter 5 - Measures to reduce the length and complexity of litigation and improve efficiency	(PDF 92KB)
Measures in civil law litigation Measures in family law litigation Measures relating to self‑represented litigants Figure 5.1 – Applications in the Federal Magistrates Court: Finalisation Timelines: 2007-09
Chapter 6 - Alternative means of delivering justice	(PDF 56KB)
Early intervention and prevention Alternative dispute resolution Restorative justice Justice reinvestment Clinical legal education Indigenous specific issues
Chapter 7 - The adequacy of funding and resource arrangements for community legal centres	(PDF 441KB)
An overview of community legal centres The Community Legal Services Program Figure 7.1 – Commonwealth, state and territory funding for the Community Legal Services Program: 1999-2009 Figure 7.2 – Commonwealth, state and territory funding for Community Legal Centres: 2006-07 Figure 7.3 – Commonwealth, state and territory funding for Community Legal Centres: 2009-10 The adequacy of funding Figure 7.4 – Actual and estimated community legal centre funding: 1996-2007 Graph 7.1 – Community legal centre legal needs: 2007-2008  Graph 7.2 – Community legal centre client needs: 2008-2009   Recruitment and retention issues
Chapter 8 - The ability of Indigenous people to access justice	(PDF 188KB)
An appropriate legal assistance service Indigenous legal services The Legal Aid for Indigenous Australians program funding Figure 8.1 – Legal Aid for Indigenous Australians program funding: 2005‑2010 The adequacy of funding Table 8.1 – Comparative funding levels (in '000 dollars rounded) across comparable Attorney-General's Department programs 2006-07 Figure 8.2 – Comparative funding levels for comparable Attorney‑General's Department programs: 2005-2010 Table 8.2 – Indigenous and non-Indigenous prisoners (comparative): 2000‑08 The Family Violence Prevention Legal Services program The Indigenous Law and Justice Framework
Additional comments by the Australian Greens	(PDF 14KB)
Purchaser/provider funding arrangements A right to legal representation The Migration Act 1958 Legal Services Research Centre Political neutrality and CLC funding
Appendix 1 - Submissions received	(PDF 14KB)
Appendix 2 - Witnesses who appeared before the Committee	(PDF 10KB)

For further information, contact:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone:	+61 2 6277 3560
Fax:	+61 2 6277 5794
Email:	legcon.sen@aph.gov.au