Touchstone 7: Commonwealth and state agencies and family-focused courts working together better to ensure acutely vulnerable families and children do not fall through the cracks Touchstone 8: More equitable access to therapeutic justice programs to break the cycle of reoffending and keep our communities safe, regardless of postcode Touchstone 9: Properly resourced courts and tribunals with processes that place citizens and court users at the centre, including through improved listing practices Touchstone 10: A strengthened evidence and innovation base to spark adaptation and improvements in the sector Recommendations Our submission makes 29 recommendations to improve access to justice in Victoria. The availability and priorities for funding the legal assistance sector Recommendation 1 – Support VLA’s role in sector planning Support VLA’s role in sector planning at the state and regional level and in making evidence-based decisions about allocation of resources. Recommendation 2 – Support CLC innovation and reform Continue to support innovation and reform in the community legal sector. Recommendation 3 – Improve the evidence base and spark innovation Establish an independent function to research and explore better service design. Recommendation 4 – Increase State funding Increase State funding by $42.01 million per annum to address critical underinvestment. This should consist of: an extra $22.03 million per annum to reach parity with NSW (the most comparable state or territory in Australia) an extra $19.98 million per annum to address the funding shortfall identified by the Productivity Commission with respect to civil and family legal assistance. Recommendation 5 – Increase Commonwealth funding Increase Commonwealth funding by $29.96 million per annum, being Victoria’s fair per capita share of the extra $120 million in Commonwealth funding recommended by the Productivity Commission. Recommendation 6 – Reduce pressure on duty lawyers Alleviate time-pressured and over-stretched services to ensure duty lawyers can provide high-quality assistance that meet clients’ immediate and future needs. Recommendation 7 – Properly fund policies that impact on the justice system
assistance (usually the applicant or their lawyer) may request an internal reconsideration of that decision by a VLA officer. If a person is dissatisfied with the outcome of that internal reconsideration they may apply to have the decision reviewed by an Independent Reviewer. Appendix 3: Fees paid to private practitioners There are around 400 different fee structures across the matter types VLA funds. This reflects the fact that there are many different types of work that are undertaken under a grant of aid. For example, preparing for a bail application in the Magistrates’ Court will require less work than preparing for a bail application in the County Court or the Supreme Court. Therefore, there are three different fee structures for bail applications and different fees within each structure for preparation, appearances and a mention or adjournment. All fee structures are set out in the VLA Handbook, which is accessible online. Appendix 4: Defining democracy The Museum of Australian Democracy (at Old Parliament House) describes our democracy as: ‘A liberal democracy, being one that champions the development and well-being of the individual, is organised in such a way as to define and limit power so as to promote legitimate government within a framework of justice and freedom.’ It goes on to describe of our democracy being legitimacy, justice, freedom, and power, as follows: (Note: emphasis added) Legitimacy A legitimate government is one that has the appropriate mandate or authority to rule. This usually means a high degree of popular support as demonstrated by a free electorate and frequent elections. For example: the government is chosen by a popular vote in which a majority of officials in a majority of electoral regions receive the majority vote; and, rules (or laws) are framed to maximise the well-being of all or most citizens. Justice Justice is achieved when citizens live in an environment in which all citizens are treated equally and accorded dignity and respect. This may occur in democracies tempered by constitutionalism, free elections and restraints on power. For example: the demands made by vested interest groups seeking special privileges are questioned; and, society is encouraging of talent and rewards citizens on merit, rather than on rank, privilege or status. Freedom If freedom is to exist, there must be: self-determination such that citizens may make decisions, learn from them and accept responsibility for them; the capacity to choose between alternatives;