SPEECH AT THE LAUNCH OF NATIONAL LAW WEEK ‘IMPROVING ACCESS TO JUSTICE’

Sydney

Monday, 17 May 2010

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

I am delighted to be here today to launch National Law Week 2010 and to talk to you about the RuddGovernment’s access to justice agenda.

The law affects the lives of all Australians and this week is an opportunity to promote and foster a greater understanding of our legal system.

Access to justice is an essential element of the rule of law and supporting democracy. That is why I am pleased to be here to announce a number of specific measures to improve access to justice and strengthen the effectiveness of our justice system.

In 2009 the Government established an Access to Justice Taskforce to identify what problems people actually face. The Taskforce identified that the traditional view of access to justice as simply access to courts and lawyers was no longer an adequate description. Access to justice is also about providing practical, affordable and easily understood information.

In September last year, the Government agreed to the Taskforce’s central recommendation, the Strategic Framework for Access to Justice. The Framework provides the Government with a point of reference to shape future reforms affecting access to justice.

The Strategic Framework is based on five principles: Accessibility; Appropriateness; Equity; Efficiency; and Effectiveness.

Given the emphasis on system wide improvements, I am pleased that these principles have also been adopted by my State and Territory colleagues through the Standing Committee of Attorneys-General (SCAG).

Accessibility

I am pleased to advise that over the weekend we launched the Access to Justice Website.

A key finding of the Taskforce was that the inability to access relevant information was a fundamental barrier to justice. This is ironic in the current age of technology, where there is an abundance of information. But sometimes this very abundance means finding the most relevant information can be confusing.

The new national website will help Australians find legal information and services in their local area. This could range from legal assistance services, to ombudsmen, Family Relationship Centres and law societies. The website does not seek to provide another layer of information, but links people to the services that are already there.

The website, located at www.accesstojustice.gov.au, is easy to use and navigate. It is as simple as typing in your postcode or location to see the organisations that provide services in your area.

Service providers can also use the website to help people get to the most suitable service.This will enable services to work more seamlessly and ensure that people get the help they need.

Clearer Laws

The increasing complexity of the law can make it difficult for people to understand their entitlements and comply with their obligations.

In response to this problem, the Government is committed to ensuring that we develop clearer laws and practical measures to reduce the volume and complexity of legislation. This includes legislating only where necessary and focusing on reducing complexity in our laws and encouraging the evaluation and review of laws to reduce complexity.

This commitment will have a long term positive effect on the overall accessibility of our justice system.

Legal Assistance Funding

The Rudd Government recognises that a key part of access to justice is ensuring that people are able to access legal assistance.

Last week, the Government announced that it is investing an additional $154million over four years in legal aid commissions, community legal centres and Indigenous legal services.

This is the largest injection of funding into the legal assistance sector in well over a decade and comes after a decade of chronic underfunding by the previous Government.

This funding will help to increase the availability of legal assistance to disadvantaged and vulnerable Australians and brings the Government’s total commitment to $1.2 billion over four years.

Importantly, the new funding is sustainable, and looks at where the resources of the justice system can be best used, with a particular focus on the earlier resolution of legal problems to avoid the need for expensive and lengthy litigation.

Civil Dispute Resolution Bill

The principle of appropriateness is about resolving disputes at the most appropriate level and in the most appropriate way. People should have access to a range of options to resolve disputes but there should also be a ‘proportionality’ check on which options are selected.

Not all matters need to go to the High Court for determination nor can all matters be resolved through mediation.

To encourage a move away from the traditional view that courts resolve all disputes, I am pleased to announce that I will shortly be introducing legislation to encourage the resolution of civil disputes outside the courts.

The new Civil Dispute Resolution Bill implements key recommendations made by the National Alternative Dispute Resolution Advisory Council by requiring prospective litigants to take genuine steps to attempt to resolve their disputes before commencing proceedings in federal courts.

The Bill recognises that courts, parties and lawyers all have a role to play in achieving this fundamental objective and complements the active case management powers introduced in the Federal Court last year which promote the timely, inexpensive, and efficient resolution of disputes.

A similar proposal to encourage parties to take steps to resolve matters before commencing litigation is under consideration by Victoria.

Family Dispute Resolution

In family law, a great deal of work has already been done to ensure disputes are resolved at the most appropriate level through the use of family dispute resolution services.

The Government now proposes to extend that requirement to property and spousal maintenance matters, with much the same exceptions.

The Government will also introduce amendments giving parties more options for resolving their issues outside of the courts.

Parties will be able to choose mediation, conciliation or arbitration or some combination of these rather than being limited to mediation or the family courts.

This means families can choose the process which meets their needs and gives them the best possible opportunity to make arrangements in low-cost, informal and non-adversarial environments.

Working with the States and Territories

The principle of effectiveness, requires that we give particular attention to the interaction between different parts of the justice system.

A good example is the National Legal Profession Reform Project which has potential to reduce complexity and costs, and improve services to clients, through jurisdictions working together.

There is also great potential in the work of the Standing Committee of Attorneys-General to impact on access to justice in Australia.

SCAG’s agenda includes the national agreement on legal assistance, the impact of technology and the law, harmonisation of laws and removing jurisdictional distinctions that are anathema for people’s day-to-day business.

Improving Access to Justice in Regional Australia

Access to justice must be a reality for all Australians no matter where they live.

The Access to Justice website, for example, will not only show services in local areas but also highlight services that provide outreach or state-wide services.

I am also pursuing a collaborative approach to foster closer relationships between legal assistance services and the private legal sector in regional, rural and remote areas.

Just a couple of weeks ago I announced a $1.6million package of initiatives to help address the problem of recruitment and retention of lawyers in regional Australia.

These initiatives will include support for legal services to coordinate recruitment and provide mentoring or professional support to lawyers in regional areas, as well as a dedicated website and technological resources.

Reform of Discovery Processes

I recently announced that the Australian Law Reform Commission will review the discovery process in civil litigation to promote the early and proportionate exchange of information and evidence in court proceedings.

The high cost of discovery to courts, parties and lawyers is not sustainable.

The Commission will consult with key stakeholders and report on how law reform in this area could help to ensure the costs of resolution are proportionate to the issues involved.

The Commission will report back to Government by March 2011.

Judicial Appointments Process

Just as the legal system changes, so must the institutions that work within it.

In early 2008, I implemented a new process for the appointment of judicial officers. This process aims to increase transparency, ensure that all appointments are based on merit, and that everyone who has the qualities for appointment is fairly and properly considered.

I am pleased to say that I have received significant support and positive feedback regarding the implementation of the new process for judicial appointments. I have also been pleased with the support and feedback I have received for the high calibre of judicial officers selected for appointment.

That is why I have taken steps to formalise the process through the publication of, ‘Judicial Appointments: Ensuring a Strong and Independent Judiciary Through a Transparent Process’. This document will be available on my Department’s website, and will clearly set out the process followed by Government in selecting judicial officers for appointment.

It will also provide the public with confidence that we are making the best possible appointments with the necessary experience and skills.

Administrative Law

The way Government conducts its own activities has a direct bearing on how people in the community measure their experience of the justice system.

The Government is particularly interested in options to prevent and resolve disputes through better communication and early intervention.

The Government is developing an Administrative Law Policy Guide, to provide direction to Commonwealth officials to, for example, require decision makers to really explain their decisions to those they affect in language that can be understand by that person.

National Legal Assistance Advisory Body

The principles of efficiency and equity are both central to considerations around legal assistance.

Under the banner of efficiency, the Government is placing a renewed focus on early intervention to resolve disputes earlier and at a lower cost. Legal assistance is also centrally concerned with equity through assisting disadvantaged and vulnerable Australians.

To further this important role, I will be establishing a national advisory body to help develop national responses to critical challenges affecting the legal assistance sector.

This new body will advise me on strategic policy issues affecting the provision of legal assistance services, including the coordination and integration of services, improved access and availability, and early intervention.

This will be an independent body chaired by the Attorney-General’s Department and will have between six and nine members.

The Department will shortly be seeking nominations for membership from the sector and elsewhere, with a view to the body commencing its work later this year.

Pro Bono Work

While I have focussed today on the Government’s access to justice initiatives, at this event on National Pro Bono day I would also like to acknowledge the commitment of the legal profession.

Many in the legal profession make a significant personal contribution to improving access to justice.

Providing pro bono legal services in the public interest and to the most disadvantaged Australians is a great tradition of the legal profession.

The Government is committed to encouraging and supporting pro bono legal work, both domestically and internationally in our region, including through:

I commend the legal profession for its active and ongoing involvement in pro bono work and look forward to continuing our work together both internationally and domestically.

Conclusion

The measures announced today clearly build on the five principles of the Strategic Framework for Access to Justice and demonstrate the Government’s commitment to improving access to justice for all Australians.

I would like to thank everyone involved in Law Week 2010 for coming together to encourage an increased understanding in the community of the law and the broader justice system.

Thank you.