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The role of lawyers in natural disasters
The role of the legal profession in supporting those in need is an integral, but often overlooked, part of the disaster relief effort, writes Law Council of Australia president Tass Liveris.
Tass Liveris
Our hearts go out to all the communities who have been devastated by the catastrophic flooding and seemingly never-ending heavy rains the first six months of this year has wrought.
Our ‘luck’ stems from the resilience of our population and the spirit of mateship that sees Australians pull together to help one another when times get tough.
In our most recent flood emergencies, the heroic efforts of our SES, police, defence forces and rural fire volunteers; the friends and neighbours who have opened their homes and hearts to those who lost so much; and the community members who manned evacuation centres are amongst those who exemplified this spirit.
The role of the legal profession in supporting those in need is an integral, but often overlooked, part of the disaster relief effort.
Lawyers are in the business of solving problems; advising on matters such as insurance, tenancy and housing, estate administration and the replacement of lost documents.
This work can ease some of the stress and hardship of those affected and assist both individuals and businesses to take their first steps towards recovery.
For those most heavily impacted by a natural disaster and most desperate for help, the cost of engaging a lawyer should be the last thing they have to worry about.
Publicly funded legal assistance services play a vital role in the provision of accessible legal support following a natural disaster. However, pro bono assistance from the private profession fills a critical gap for those who may be unable to access legal assistance due to capacity constraints or because they are ineligible for this service.
The strong willingness of Australia’s legal profession to provide pro bono legal support to small businesses, community organisations and individuals in the wake of natural disasters over the last two decades is consistent with the values that motivate many lawyers to enter the profession in the first place.
Local law firms across the country have provided heavily discounted or free services to members of their communities following natural disasters. Pro bono services, while a defining trait of the legal profession, must, however, be regarded as a finite resource in these circumstances.
Australia’s legal sector has previously worked to respond quickly to natural disasters and build effective partnerships within the sector to support affected communities and businesses. Following the 2009 bushfires in Victoria, the ‘Bushfire Legal Help’ initiative brought together the Law Institute of Victoria, Victorian Bar, Victorian Legal Aid, and Federal Community Legal Centres among others to connect affected communities with legal help.
This initiative has evolved into the ongoing ‘Disaster Legal Help’ and has since been replicated following other bushfires and floods. In response to the 2019-20 bushfires, 150 legal firms joined Justice Connect’s ‘Pro Bono Portal’, which matched volunteer lawyers with communities in need.
Recognising the value of being able to rapidly roll out services during times of crisis, the Royal Commission into National Natural Disaster Arrangements recommended that Australian, state and territory governments should expedite the development of pre-agreed recovery programs, including those that address social needs, such as legal assistance.
The Law Council has also recommended establishing adequately funded resource centres with the equipment infrastructure that would enable lawyers to quickly establish a presence in affected communities and hit the ground running.
Another initiative that could be considered is to provide members of communities hit by natural disasters with government-funded ‘vouchers’ for legal services. This would enable them to access free legal assistance without delay and without risking the sustainability of local legal services.
Acknowledging the importance of legal assistance, the Commonwealth Government recently announced it would provide $3 million so flood-affected communities across NSW are able to obtain free legal advice, which the Law Council warmly welcomes.
The Law Council of Australia firmly believes this type of support in the wake of future emergencies needs to be assured. We have an opportunity to take steps to prepare for when the clouds next roll in and strive to ensure that no Australian misses out on the help they need to rebuild their lives.
Tass Liveris is a barrister at William Forster Chambers in Darwin and is the president of the Law Council of Australia.
