The Law Council of Australia called for the legislature to prioritize increased funding for legal assistance services in upcoming budget deliberations. In a Tuesday media release, council president Greg McIntyre said, “We are urging the Government to increase funding in this year’s Budget as our legal assistance sector, and the people who rely on it, cannot wait any longer.”

In compiling the budget, the Assistant Treasurer Stephen Jones and Minister for Financial Services Katy Gallagher invited individuals, businesses and community groups to share their opinions on the priorities. The government uses this budget to provide ongoing support to Australians and to establish a solid foundation for a more robust, inclusive and sustainable economy. Budget submissions closed on January 25.

The Law Council’s pre-budget submission highlighted the need for investment in initiatives that can aid in improving outcomes for individuals facing disadvantage. This includes older Australians, people with disabilities, women and children experiencing family violence, asylum seekers, and Aboriginal and Torres Strait Islander peoples. The focus is on providing support to these vulnerable groups and helping them lead better lives. Additionally, McIntyre stated he believes that individuals who face disadvantage are often more vulnerable to legal issues and tend to have more intricate legal requirements compared to the general public. He reasoned that, because of this, minority communities deserve greater attention to their accessibility to justice.

Attorney-general Mark Dreyfus is aware of such barriers and addressed same in a National Access to Justice and Pro Bono Conference. He emphasized that obstacles to achieving justice have wider ramifications, sustaining poverty and marginalization, triggering a ripple effect that negatively affects not just the individuals themselves but also their families and communities. Dreyfus said, “[W]hen people cannot access justice, their ability to assert their rights, protect their interests, and advocate for themselves is compromised, undermining trust in the legal system and eroding the rule of law.”

The Law Council commented on the current Commonwealth funding under the National Legal Assistance Partnership (NLAP), saying it is “half of what is needed to meet demands on the legal assistance sector.” NLAP is an agreement signed by each state of Australia, with the framework objectives: 

• legal assistance services are client-centric and help people facing disadvantages,
• services are provided in collaboration with other service providers and governments to provide integrated services,
• Legal assistance services are provided at an appropriate time to address an individual’s legal needs,
• empower people to understand and assert their legal rights and responsibilities,
• that the providers are supported to build their capacity to respond to evolving service demand.

Notably, the focus on legal assistance targets the 13.4 percent of Australians who live below the poverty line, as well as those who are not eligible for legal aid but are still unable to afford private legal fees. The council previously released a report in June 2021 highlighting this gap. The pre-budget submission evidences this report’s objectives were not wholly achieved.

The budget will be finalized by the treasurer in June.