Co-operative federalism required for legal aid

Date : 26 Nov 2008

Victoria Legal Aid managing director Bevan Warner urged private practitioners protesting tomorrow to act responsibly and not place their clients at risk.

“The private profession plays a key role in the delivery of legal aid to the community and although I respect their right to protest at the lack of legal aid funding it is important that clients are not disadvantaged by their actions,” Mr Warner said.

Mr Warner called upon the Commonwealth government to make good its declared intention to assume a leadership role and to restore its funding to levels that existed prior to cuts made by the former Howard government. 

“Ten years ago the Commonwealth contributed approximately 60% of legal aid funding to VLA whereas last year this funding had dropped to 30%”.

“We had a cooperative funding model that served clients well, but lost it, under arbitrary rules imposed by the former government around how monies could be used.”

“Providing legal assistance to vulnerable people to access remedies and protections in law should properly be viewed as part of a preventative social safety net, contributing to social resilience in what we are told will be tough economic times,” Mr Warner said.

Mr Warner called upon the Commonwealth Government to bring forward negotiations for a new Commonwealth funding agreement which have stalled.

“The Commonwealth Government should be congratulated for its tough stand against domestic violence and on child protection,” Mr Warner said.

“However, arbitrary rules about how monies may be used, are getting in the way of effective outcomes,” Mr Warner said.

“Women and children exposed to family violence and abuse move between State and Commonwealth Courts for basic protections such as restraining orders and to resolve child contact arrangements, which often act as a trigger to violence when left unresolved," Mr Warner said.

Increased access to legal assistance for these basic protections featured in a number of submissions to the national plan to reduce violence against women and children; the subject of yesterday’s White Ribbon Day, but nothing tangible has been delivered in terms of legal aid.

Funding limits in Victoria have resulted in 30% fewer people getting help to resolve their children’s issues and a 50% reduction in the number of requests from the Court that can be accommodated, to appoint a specialist children’s lawyer, in cases where there are acknowledged risks to the child due to the intractable nature of their parents dispute.

“Criminal lawyers who are the subject of tomorrow’s protest are often required to assist clients to make or oppose applications for violence restraining orders in State Courts and to represent young people who have been caught up in a cycle of offending, violent or predatory behaviours,” Mr Warner said. 

“To imagine these things are not linked, is to ignore reality,” Mr Warner said.  

“Achieving safe and workable arrangements for children and assisting families exposed to violence to obtain protections before State or Commonwealth Courts, is core business for Legal Aid Commissions throughout the country, and it is time this were recognised in Commonwealth funding decisions,” Mr Warner said.

Enquiries:  Bevan Warner, Managing Director, on (03) 9269 0234

• Contact us  |  Copyright  |  Privacy  |  Disclaimer  |  Sitemap  |  Accessibility statement