NACLC Conference

Just is as Just does – CLCs Working for Justice
Holiday Inn Esplanade, Darwin

Monday 18 August 2008, 9.30am

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Acknowledgements

Other Acknowledgements

Introduction

  1. It is a privilege to be here this morning to open your National Conference.
  2. At the outset, I would like to take this opportunity to congratulate you all for your hard work and commitment in providing services which promote justice.
    In particular, you play a critical role by assisting those who don’t have the resources and knowledge to tackle injustices by themselves.
  3. Similar to the theme of your conference “Just is as Just does” – I share your sentiment that it is important to focus on what you do and how you do it.
  4. As Federal Attorney-General, I am firmly of the view that ensuring access to justice is an important part of the rule of law.
    It is also central to our concern for strengthening human rights and promoting social inclusion.
  5. The Rudd Government is working hard for justice.
    We are committed to ensure a fair go for all Australians. 
  6. And we’re doing this in a variety of ways – some of which I’d like to share with you today.

Social Inclusion

  1. You will be aware that we are committed to improving social inclusion – and that this incorporates early access to legal assistance.
  2. This is particularly important for those in the community who are least capable of advocating for themselves.
  3. Part of the Rudd Government’s work in this area includes the White Paper on Homelessness which will develop a national plan to reduce homelessness over the long term.
    I know that many of you here today have been involved in the preparation of submissions in response to the Green Paper, Which Way Home?
  4. In all the Government received a record 600 submissions to the Green Paper. Over 1300 people attended consultations around the country – including many workers from community legal centres.
  5. I would also like to acknowledge the constructive contribution of the community legal sector to the development of the Government’s National Plan to Reduce Violence Against Women and their Children - domestic violence itself often being the cause of homelessness in the most traumatic of circumstances.
  6. The National Council to Reduce Violence Against Women and their Children which is assisting with the development of the national plan will report to Government by the end of the year.
    I have already flagged with Ministers Plibersek and Macklin the important role that the community legal sector can play in this area.
  7. Your contribution to this issue is important as CLCs provide assistance to a range of clients who are facing issues which can be triggers for homelessness, including domestic and family violence, mental illness, tenancy or credit and debt problems and family breakdown.
  8. One of the themes emerging from that consultation process for the Green Paper was the need for improved coordination of service delivery. 
  9. This has always been a strength of CLCs.
  10. We believe that maximising cooperative and collaborative arrangements between legal service providers, such as Indigenous legal aid and mainstream legal aid, is an important step towards ensuring better access to legal services.
  11. I’m especially keen to eliminate the so called ‘referral merry-go-round’, to avoid duplication of effort and to ensure that the services and expertise of all our programs are effectively used. 
  12. The Government has also taken significant steps to enable greater participation in our society by introducing legislation starting to remove discrimination that exists for Australians in same-sex relationships in a wide range of Commonwealth laws and programs.  
  13. We are also demonstrating our clear commitment to the promotion of human rights at both an international and domestic level.
    For example, I recently announced a standing invitation for United Nations human rights experts to visit Australia as part of our commitment to engage more positively with the United Nations in implementing our human rights obligations. 
  14.  We have ratified the Convention on the Rights of People with Disabilities.  And we are also working towards becoming a party to the Optional Protocols to the Convention against Torture and the Convention on the Elimination of Discrimination Against Women.  
  15. Domestically, the Rudd Government will be  undertaking a nationwide community consultation on how best to recognise and protect human rights and responsibilities in Australia.
  16. The timing of the national consultation is yet to be announced. However, it will be widely advertised to encourage the best and broadest level of participation possible.
    And I encourage you all to contribute.

The Role of the Community Legal Centre

  1. With a Government that is showing a clear commitment to social inclusion and a fair go for all Australians, it’s a good time to be involved in promoting access to justice, a role the community legal sector plays so well.
  2. When the Community Legal Services Program first started in 1978 it received Commonwealth funding of $175,000 for 23 centres.
    Today, we are providing more than $23 million in recurrent funding for 127 centres around the country.
  3. As an indication of the importance of this sector to the Government, I announced an additional $10 million in one-off funding to help CLCs meet the increasing demand for their services. 
    This is the largest ever injection of funding into the program. – I acknowledge that it is one-off funding but I think the quantum demonstrates that the Rudd Government has listened to what many of you have said about current funding levels under the Program .
  4. The main priority for distributing this funding is to help centres dealing with issues relating to family law and homelessness.
    The funding will also support a range of projects, including an initiative to provide targeted assistance for Indigenous children and youth victims of abuse in the far north of Western Australia.
  5. Clearly, CLCs provide much needed assistance and support at a point when people may be facing social exclusion as they deal with family breakdown, the loss of a home or job, or financial difficulties.
  6. As I’ve travelled around and visited centres across Australia, I’ve been impressed by the dedication, enthusiasm and professionalism of staff in this sector.  
    In particular, I would like to acknowledge the value of outreach services to regional, rural and remote areas you provide – with staff travelling significant distances to ensure people have access to legal assistance.
  7. The assistance provided is directly aimed at getting the client’s life back on track by solving problems early on before they develop into serious legal entanglements.
  8. And while many centres are generalist and deal with a wide range of legal issues, there are also a range of specialist centres.
    This combination allows for locally accessible services supported by specialist centres that can assist when more focused expertise is required.
  9. To make sure we keep making improvements, my Department recently completed a review of the Community Legal Centres Program.
  10. The review identifies some scope to further enhance the program’s focus on client outcomes. 
    And my Department is finalising consultations on the report’s recommendations, so that we can keep the program developing according to community needs.

Other Legal Assistance Programs

  1. I’d also like to acknowledge the significant role that other legal assistance programs perform in providing access to justice.
  2. For example, Legal Aid Commissions are fundamental in enhancing community access to justice.
    So I was pleased to provide $7 million in one-off funding to Legal Aid Commissions earlier this year to address some immediate pressures on the system.
    I also provided an additional $5.8 million over four years for improved legal services in regional, rural and remote Australia.
  3. This is a useful contribution, however, I am of the firm view that the system needs a more lasting solution than one-off funding, and for this reason I’m currently reviewing Commonwealth legal aid funding policy.
  4. I think you’ll be aware that the previous Government introduced a policy that Commonwealth legal aid funds can only be used on Commonwealth matters.
    I realise this policy has created some artificial barriers to justice, and so we are currently reviewing it.
  5. Aboriginal and Torres Strait Islander Legal Services (ATSILS) also play an important role in removing barriers to justice.
    And I’m aware of calls from ATSILS and other stakeholders in the law and justice field for more resources in this area.
  6. Minister Debus has responsibility for matters relating to Indigenous legal aid.  Both he and I would like to assure you of our commitment to these services.
  7. We have established new three-year contracts that took effect on 1 July this year, and last financial year we also provided ATSILS with $10.9 million of additional support to assist with an urgent need for services, particularly in rural and remote areas of Australia.
  8. The long term viability of these services is critical to ensuring that Indigenous people continue to have access to culturally appropriate legal aid services.
    Indigenous incarceration rates are unacceptably higher than rates for non‑Indigenous people in Australia.
    And I recognise the burden this places on ATSILS to keep up with the demand from clients who come into contact with the criminal justice system.

Pro Bono Work

  1. Pro bono work is another area that’s crucial for facilitating access to justice.  
    Most, if not all, lawyers here today will have studied law because they wanted to contribute to making a better, fairer, more accessible, legal system.
    And the private legal profession makes an important contribution to the community through its pro bono work.
  2. I think the relationship between community legal centres and the profession is an excellent example of the way in which cooperation and collaboration can improve outcomes for disadvantaged members of the community.
  3. And I note that the National Pro Bono Resource Centre has reported that, on the basis of a national survey covering 887 solicitors, some $250 million of legal work was undertaken on a pro bono basis by Australian solicitors last year. This is a commendable achievement and I encourage you to continue with this proud tradition of lending a hand to the people in our community most in need of legal help.

Stronger National Collaboration

  1. When calling for greater cooperation and collaboration between community service providers, I am also keenly aware of a similar expectation when it comes to governments.
  2. And, let me assure you that the Rudd Government is committed to seizing the opportunity presented by having like-minded governments at the Commonwealth, State and Territory level, through working to achieve real outcomes.
  3. I believe effective collaboration at this government to government level is vitally important in achieving our social inclusion agenda.
  4. I’m pleased to say that at last month’s Standing Committee of Attorneys‑General meeting we agreed on a streamlined agenda of priority areas of reform where real gains can be made.  One of these areas is ‘addressing disadvantage’.
  5. At this meeting, the Standing Committee also discussed over 20 substantive legal reforms including recognition of the need to broaden the focus of legal aid to optimise collaborative working arrangements between all legal service providers.
    This includes legal aid commissions, community legal services and Indigenous legal services – so disadvantaged Australians at risk of social exclusion can have better access to justice.
  6. In addition, from next year onwards, the Rudd Government will provide legal aid funding to States and Territories under a National Partnership agreement.
    This is part of the new approach we are taking toward Commonwealth‑State funding arrangements.
  7. I realise that collaboration is also important in the area of Indigenous law and justice.
    So I’ll be working with my State and Territory colleagues to collectively approach these issues.
    I note that COAG recently reaffirmed its commitment to closing the gap on Indigenous disadvantage.
    And by working together, I believe we can coordinate more efficient and effective legal services to allow more people better access to our legal system.

Conclusion

  1. I’d like to conclude by once again acknowledging the fundamental role that community legal centres play in advancing justice by assisting those who need legal help to correct injustices in their own lives.
    Once these issues are unravelled, people can then begin to regain peace and control in their lives.
  2. So I’d like to commend the National Association of Community Legal Centres for the role it plays in supporting and advocating on behalf of centres and their clients.
    The strong and vibrant national network of community legal centres is a testament to the hard work and dedication of the staff, management committee members and other volunteers.
  3. I’d also like to thank all of you today for taking the time to be here.
    I’m sure that you’ll find this conference to be great value.
    And in turn, the community will benefit from the things you learn and share here.
  4. It’s now my pleasure to officially open the 2008 National Association of Community Legal Centres Conference.

ENDS