The legal bodies highlighted the increasing lack of access to justice
The Law Council of Australia and the ACT Bar Association have called out the underfunding of the legal assistance sector, urging the government to address the matter quickly.
The Law Council recently published an open letter addressed to Commonwealth, State, and Territory ministers and signed by several legal bodies, including state Law Societies and Bar Associations. The letter highlighted chronic underfunding despite rising demand for the services of organisations like Legal Aid Commissions, Community Legal Centres, Aboriginal and Torres Strait Islander Legal Services, and Family Violence Prevention Legal Services.
“Australia’s legal assistance services are vital lifelines for individuals facing significant vulnerability, need, hardship, and stress. Yet, these services are severely strained and unable to keep pace with demand”, Law Council President Greg McIntyre SC said.
ACT Bar Association President Brodie Buckland pointed to “decades of neglect” as the cause of legal assistance services having to turn away individuals seeking legal support.
“Access to justice is not a privilege but a fundamental right that should be available to everyone”, he said. “We hear stories of families facing eviction, victims of domestic violence seeking protection orders, and workers unfairly dismissed—all unable to access the legal help they both require and deserve. These are not just statistics; they are real people whose lives are deeply impacted by the inability to access justice”.
In particular, Buckland highlighted the effect on Indigenous Australians.
“it is crucial, particularly in the ACT, to address the issue of access to justice for Indigenous Australians, especially within the criminal justice system, given the link between underfunding and the disproportionate representation of Indigenous peoples in the ACT's prisons”, he explained.
Buckland pointed to the recommendations made in the Independent Review of the National Legal Assistance Partnership (NLAP).
"The NLAP review provides clear guidance on how to bolster our legal assistance sector. Key initiatives include substantial increases in funding for civil and family law matters, equitable compensation for private practitioners, and measures to enhance pay parity across legal assistance organisations", he said.
Given that current funding commitments are about to expire this year, “we cannot afford delays”, Buckland added.
"Together, we must prioritise investment in our legal assistance services to uphold the principles of fairness and justice for all Australians," he said.
Earlier this year, legal bodies pushed back against the allocations set in the 2024-25 Federal Budget.
