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‘An unequal justice system is no justice system at all’: Legal orgs call for increased funding in regional NSW

Following a roundtable discussion among local solicitors and legal leaders in NSW, legal organisations have called for increased funding to improve access to justice for outback communities in regional NSW.

user iconLauren Croft 06 May 2024 Big Law
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The president and chief executive of the Law Society, along with leaders from Legal Aid NSW and the Aboriginal Legal Service, participated in a recent roundtable, as well as members of the local profession and the Far West Community Legal Centre and representatives from the courts.

The talks, hosted by the Far West Regional Law Society, explored proposals to improve access to justice in the far west and outback communities like Broken Hill.

“With 15 solicitors from six law practices servicing almost 160,000 square kilometres, people living in far west communities, including Broken Hill, endure enormous barriers to justice,” Law Society of NSW president Brett McGrath said.

“Broken Hill itself has just a handful of solicitors in private practice and just one who regularly practises in criminal law. This can leave some accused with no choice but to represent themselves. Access to proper legal advice can mean the difference between incarceration and an accused person keeping their jobs and supporting their families.”

The Aboriginal Legal Service (ALS) is funded to employ two solicitors, one field officer, and one administration officer at its Broken Hill location – and principal legal officer Nadine Miles attended the roundtable talks in Broken Hill.

“Aboriginal and Torres Strait Islander people get the best results from culturally safe, community-controlled legal services. This is essential to Closing the Gap, but the ALS is unable to provide our help to everyone who needs it because our services are underfunded and overstretched,” she told Lawyers Weekly.

“Our small Broken Hill office has supported more than 260 clients over the past six months, working on over 500 matters and covering courts almost 200km to the south and over 250km to the north-east. But we know there are more Aboriginal people in the region needing our help, and we need fair government funding to reach them.

“An unequal justice system is no justice system at all. Both the NSW and Commonwealth governments share responsibility to ensure equal access to justice by properly funding the ALS and other legal services.”

Far West Regional Law Society president Steven Wright said the challenge of attracting and retaining legal practitioners in remote regions required innovative thinking on the part of government and communities.

“The Law Council of Australia (LCA) has proposed a novel initiative to persuade solicitors to spend at least two years practising law in remote communities,” he said.

“Relief for HELP (also known as HECS) debt is already helping regional communities recruit doctors, nurse practitioners and teachers to where they’re most needed. A similar scheme developed by the LCA late last year could likewise help our communities obtain the access to justice they need.”

Additionally, governments should invest in the “liveability” of remote communities by improving infrastructure and services like accommodation and childcare.

“Legal practice in rural, regional and remote areas presents remarkable opportunities for legal practitioners eager to expand the variety of matters they work on,” McGrath said.

“Solicitors working in these regions can make a life-changing difference to people facing diverse legal challenges from criminal law, family law, tenancy and helping financially vulnerable clients deal with credit and debt issues before they become insurmountable.”

Lauren Croft

Lauren Croft

Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.

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