ADDRESS TO THE NATIONAL ASSOCIATION OF COMMUNITY LEGAL CENTRES CONFERENCE

‘INCLUSIVE JUSTICE – CLCs IN ACTION’

Perth

Thursday, 17 September 2009

CHECK AGAINST DELIVERY

First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.

Thank you for your invitation to address the 2009 National Conference.

This is your 30th annual conference which is an impressive milestone in the history of your Association. This milestone is not only an indication of your dedication and professionalism but also the vibrancy of this sector.

Since becoming Attorney-General I have been keen to see first‑hand how community legal centres operate, and how you deal with the challenges of day-to-day service delivery.

I have visited a number of centres over the last two years across Australia. I have visited centres in capital cities, regional centres and more remote locations.

Without exception, I have been impressed by all of the centres I have visited – the commitment and expertise of both staff and volunteers, and the dedication of management committee members.

Your clients come to you for assistance with a range of problems, both legal and often, non-legal. From concerns about employment, debt, housing to helping clients deal with issues around family breakdown - you are there to reassure and provide legal advice.

You listen patiently to their problems - giving legal advice and assistance, suggesting referrals to other services and in some instances, case managing your clients so they get the help they need. By doing this work at a local level you make a real difference to assisting those most at risk.

The Rudd Government is acutely aware of the funding pressures on the legal assistance sector.

That is why over the last two years, we have injected an additional $54 million in one-off funding into the sector to address immediate pressures on service delivery.

I am also discussing the funding of legal assistance programs into the future with the States and Territories.

Social Inclusion

The Rudd Government is committed to a social inclusion agenda – not just in name but in practice.

This means building a society in which all Australians feel valued and have the opportunity to participate fully in the social and economic life of our nation.

Often the most socially excluded in our communities are those who experience complex and multiple forms of disadvantage. This can be linked to low income, difficulty finding and keeping a job, poor health, low skills, and a lack of safety or support.

There are also a range of vulnerable groups within our community who need help when facing legal issues, for example, those with disabilities, children at risk, victims of family violence and Indigenous Australians.

Early access to targeted legal assistance is a critical element of the Government’s social inclusion agenda. Such assistance can play an important part in resolving problems before they escalate or contribute to disadvantage.

The link between the work you perform for your clients and social inclusion can be clearly seen in the new brochure which was launched yesterday ‘Community Legal Centres: Putting Social Inclusion into Practice.’

I would like to congratulate all those involved in the development and publication of this excellent resource.

The case studies included in the brochure illustrate the diversity and scope of community legal centre work in dealing with unexpected legal crises such as the Victorian bushfires earlier this year. The creation of Bushfire Legal Help clearly demonstrates the responsiveness, flexibility and collaboration of not only CLCs but other legal services.

Access to Justice

A fair, effective and affordable civil justice system is a key priority of the Government’s agenda for reform. It is not only a question of social inclusion but essential for the ongoing integrity of our legal system.

A justice system which is inaccessible because it is confusing, complex and / or too expensive not only compromises its reputation but also its capacity to provide fair outcomes.

This, in turn, can impact on confidence in the rule of law which is so critical to a well-functioning democracy.

Earlier this year I set up an Access to Justice Taskforce within my Department to develop a more strategic approach to improving the federal civil justice system. The taskforce will be reporting shortly.

The idea of access to justice has come a long way from simply access to the courts and lawyers.

While these aspects are undoubtedly important, the justice system now contains a range of institutions and services, including courts, tribunals, legal assistance, alternative dispute resolution providers and ombudsmen.

More than ever, it is important to ensure that each of these elements work together to enhance access to justice and provide better outcomes for people needing help with their legal problems.

Increasingly, good lawyers see that the most valuable role they can provide for their client is to keep them out of court. Appropriately, there is an increasing focus on prevention and early intervention, where possible, to avoid expensive and prolonged litigation.

This is essentially the mode of operation for CLCs.

Your position in the community leaves you well‑placed to undertake this important work. And you value add by working collaboratively with other services in helping clients resolve their legal issues and, often, to address the underlying problems that give rise to those issues.

Review of the Community Legal Services Program

In March last year my Department published a report on its review of the Commonwealth Community Legal Services Program.

The review confirmed the key role that community legal centres play in assisting disadvantaged members of the community and the expertise and innovative approaches they adopt in providing this assistance.

The report also identified some scope to enhance the Program’s focus on client outcomes.

I am pleased to say that the report was generally well received. There appears to be substantial support for the majority of the recommendations – noting the need for consultation on how they could be implemented.

This consultation has been conducted with your Association and with State Program Managers. I greatly appreciate their constructive engagement on these issues.

I have accepted the report’s recommendations as amended in the light of those discussions.

The recommendation on the removal of the restriction on the Environmental Defenders’ Offices using Commonwealth funds for litigation-related work has already been implemented.

Other recommendations will be implemented in the context of the new three year service agreements. These will take effect from 1 July next year.

My Department will continue consulting with the Association and other stakeholders on the implementation of particular recommendations in the context of the new agreements.

Two of the key recommendations in the report which require further discussion are:

To date, discussions between my Department and the sector have been constructive and I am confident that details around the new agreements will be finalised in the coming months.

Collaboration

It is also important that we encourage greater collaboration across the justice system, including within the legal assistance sector, to avoid duplication, promote information-sharing and ensure complementary, rather than competing, services are provided.

This applies not only to client services, but also to research and community advocacy.

Community legal centres have been at the forefront of cooperative service delivery arrangements for many years. Your well-grounded, strong community connections mean that you can often take a collaborative approach with other service providers to resolve problems at their root cause.

Strong partnerships between all levels of government, business and community sector organisations are vitally important.

We must maximise cooperative and collaborative working arrangements between all legal service providers and the various components of the justice system, both Commonwealth and State, Government and non-Government.

The joint Commonwealth-State Community Legal Services Program is a good example of a very effective three-way partnership.

Conclusion

I would like to commend all of you for the important work you do in helping disadvantaged members of our community.

I am sure that you have all found this conference of great value and that your clients will benefit from the things that you have learned and shared here.

As a sector, you should be proud of the critical role you play in the delivery of access to justice for the disadvantaged and vulnerable members of our communities.

I look forward to continuing to work with you as we endeavour to improve access to justice.

Thank you.