LCA fights for Tasmanian legal system funding

The Law Council of Australia and Law Society of Tasmania are protesting the shortage of funding for the Tasmanian legal system, leaving many without critical assistance.

Naomi Neilson • 12 August 2019 • Big Law

The Tasmanian government’s Evaluation of the Legal Assistance Sector Report found chronic federal government underfunding of the legal assistance sector. In 2014-15, funding to Legal Aid Commission and community legal centres (CLC) were slashed.

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Law Council president, Arthur Moses SC, is in Tasmania to meet with the state’s legal profession and community to discuss the challenges: “Legal aid commissions and the community legal sector have been, and continue to be, seriously neglected.”

“The situation is dire – Tasmania is now at risk of falling off a ‘funding cliff’. If the state government had not stepped in, CLCs would have been forced to reduce services by 40 per cent. This would have impacted the most disadvantaged and vulnerable.”

The Law Council’s Justice Project estimated at least $310 million a year in additional funding is needed to address unmet needs, caused by decades of underfunding.

“We should not have two classes of citizens in this country – those who can afford to access justice and those who cannot,” Mr Moses said. “Everyone deserves to be able to access justice, no matter where they live. Tasmania is no exception.”

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Law Society of Tasmania president Evan Hughes said the funding shortfall means that many Tasmanians have to represent themselves in civil, criminal or family law matters, adding pressure to a system already buckling under the strain.

“Because many Tasmanians do not qualify for legal assistance, they must represent themselves in legal proceedings,” Mr Hughes said. “Not only does this place significant stress and pressure on those individuals, it also consumes considerable police, court and DPP resources. It is simply a false economy.”

Mr Hughes added it results in court delays and case backlogs, which ultimately costs the state and imposes additional stress on witnesses, defendants and victims.

On top of additional funding, Mr Moses and Mr Hughes are also calling for improved resourcing of the Launceston Family Court.

“Australia’s family law system provides important specialist services for families and children at their most vulnerable,” Mr Moses said. “Unfortunately, the courts and the Australians they serve are consistently let down by under-resourcing of the system.

“Launceston Family Court is a prime example.”

naomi.neilson@momentummedia.com.au