Collins Judith: Legal Assistance (Sustainability) Amendment Bill — Second ReadingText is incorporated into the Bound VolumeCollins Judith: Legal Assistance (Sustainability) Amendment Bill — Second Reading[Sitting date: 16 April 2013. Volume:689;Page:9376. Text is incorporated into the Bound Volume.]Hon JUDITH COLLINS (Minister of Justice): I moveThat the Legal Assistance (Sustainability) Amendment Bill be now read a second time. The bill amends the Legal Services Act 2011 and other Acts to ensure that legal aid remains affordable in the future and that legal aid services remain available to those who need them. The bill focuses on improving the quality efficiency and effectiveness of the legal aid system. The bill also continues the Government’s drive to improve the prioritisation of legal assistance provided to vulnerable people. It builds on the Legal Services Act 2011 which replaced earlier legislation governing the legal aid scheme and contained a package of changes to improve the administration of the scheme and the quality of services provided by legal aid lawyers.Legal aid expenditure increased 55 percent between 2006-07 and 2009-10—from $111 million a year to $173 million a year—placing the legal aid budget under extreme pressure. This growth was expected to result in a $402 million gap between forecast expenditure and available funding. The Government had to act to bring this growth under control. We have done so through a package of changes to the eligibility criteria for legal aid how legal aid services are purchased and the payments received from legally aided persons. Some of these changes did not require legislative amendment and are already in effect. Those that require legislation are contained in the bill.The Justice and Electoral Committee has considered the bill and I thank the select committee and officials and commend them for their efforts. The committee has suggested by majority some sensible changes to the bill many of which were proposed by the Government Supplementary Order Paper 134 which was referred to the committee. The Government has adopted all the changes proposed by the committee’s majority. The committee received 25 written submissions on the bill and heard 15 oral submissions. The Government heard submitters’ concerns and provided the committee with a Supplementary Order Paper intended to respond to these concerns. The Government Supplementary Order Paper proposed substantial changes to the bill leading the committee to invite further comment from submitters. The committee received five written submissions on the amended bill which were generally supportive of the bill’s additional focus on outcomes for legal aid clients.Since the bill was first read two main factors have reduced the need for changes to eligibility criteria. The first of these is the reduction in forecast expenditure on legal aid in part due to the non-legislative measures we have undertaken. The second is the expected impact of the Family Court Proceedings Reform Bill which by putting greater focus on children and vulnerable people and encouraging more people to resolveminor family and civil matters between themselves rather than through the courts is estimated to save $41 million in legal aid costs over 4 years.The reduced expenditure provided scope to reassess reductions in eligibility to further align with the Family Court Proceedings Reform Bill particularly by bringing the changes to legal aid in line with its focus on protecting vulnerable people and children. The changes contained in the Government Supplementary Order Paper were the outcome of this alignment with the Family Court reforms.The committee endorsed the Government Supplementary Order Paper and recommended by majority further changes. Significantly the amended bill refocuses on outcomes for legal aid clients. The Government Supplementary Order Paper improved the bill by maintaining the existing financial means test for less serious criminal cases and retaining certainty in civil legal aid matters that will receive legal aid.The Government Supplementary Order Paper also made changes that will increase debt repaid to the Crown from those legally aided persons who are able to afford it. The bill now extends provisions to allow interest to be charged on all finalised debt and the use of deduction notices is streamlined to allow the use of this more efficient method of repaying debt by deducting money directly from people’s wages benefits or bank accounts.Despite the gradual reduction of legal aid expenditure legislative change is still required to bring expenditure under control. The Legal Services Act’s purpose is to promote access to justice by establishing a system that provides legal services to people of insufficient means and delivering those services in the most effective and efficient manner.The Government has responsibilities both to provide access to justice and to use public funds responsibly. We recognise that in a time of fiscal constraint difficult choices are required. The bill makes the savings required to ensure the ongoing viability of the legal aid scheme. It balances this by enabling funding to be prioritised to those vulnerable people who have the greater need for legal assistance. I commend this bill to the House.