Names of key officers – Chair, manager, principal lawyer Organisational As changes occur CLSP Workplan Performance Once in each funding agreement period Progress reports Performance Six monthly Events that may constitute breaches of the service agreement or significant risk (e.g. legal action commenced or threatened against the organisation; major capital purchases planned; financial difficulties that place the organisation at risk of insolvency) Risk As these things occur The dual core of the current reporting framework is the CLSIS database and CLSP workplans. There are other formal accountabilities required of CLCs providing legal services with CLSP funds. These are discussed in more detail in Service and organisational quality below, but are introduced here for completeness. VLA quality standards and assurance processes for firms and practitioners registered on VLA’s panels to provide legal aid (for CLCs on VLA panels) practice standards regulations overseen by the Legal Services Board + Commissioner the Federation of CLCs-managed NACLC CLC Accreditation Scheme the CLC sector-managed Professional Indemnity Insurance Scheme accountabilities to the Registrar of Incorporated Associations, ASIC or similar regarding the organisation’s incorporated status and governance. At present, there is no administrative link between these additional accountability processes and the current CLSP. Instead, the CLSP calls for evidence of funded centres’ incorporation status, adequate public and professional indemnity insurance and separate audits of funded centres to ensure that quality standards are being met, against Service Standards set by the CLSP (set out in Appendix 4).VLA as funder of CLCs does not have access to the outcomes of funded centres’ CLC Accreditation or Professional Indemnity Insurance annual accountabilities. Discussion To summarise, CLSP funded CLCs are currently required – by VLA as the CLSP funder and by other organisations – to demonstrate that they comply with the following accountability measures: CLASS data entry CLSP budgeting
Appendix 1 – Excerpt from the NPALAS – primary goals Part 2 — objective, outcomes and outputs Objective The objective of this Agreement is to achieve a national legal assistance sector that is integrated, efficient and effective, and is focused on improving access to justice for disadvantaged people and maximising service delivery within available resources. Outcomes This Agreement will facilitate achievement of the following outcomes: legal assistance services are targeted to priority clients with the greatest legal need; legal assistance service providers collaborate with each other, governments, the private legal profession and other services, to provide joined-up services to address people’s legal and related problems; legal assistance services are appropriate, proportionate and tailored to people’s legal needs and levels of capability; legal assistance services help people to identify their legal problems and facilitate the resolution of those problems in a timely manner before they escalate; and legal assistance services help empower people to understand and assert their legal rights and responsibilities and to address, or prevent, legal problems. Appendix 2 – current drivers for legal assistance sector development Over the last three years, several key reviews have provided insight into how a reformed CLC funding program could operate: the Shergold Review into community services in Victoria the review of the old National Partnership Agreement on Legal Assistance Services and the resulting (2015-2020) NPALAS the Commission of Audit review into legal assistance services funding the Productivity Commission enquiry into legal assistance services
not provided this information by 30 November, or as otherwise agreed with VLA, VLA will be unlikely to approve the carry-over of those funds. In submitting a proposal to VLA to retain Excess Surplus Funds, the Organisation must use the template provided by VLA and should address the following matters: 1. Commitment of the Allowable Surplus Proposals should detail how the Allowable Surplus has been committed to demonstrate why this is not available to cover the costs of the proposed expenditure. 2. Proposed Use of the Excess Surplus Proposals should provide details of how the Excess Surplus would be used including an explanation of any exceptional circumstances leading to the accumulation of the Excess Surplus, a breakdown of costs, the timeframe proposed for full utilisation of the Excess Surplus and anticipated outcomes. 3. Implications of Non – Approval Proposals should clearly set out any implications that might arise from a decision not to approve carry-over of the Excess Surplus. SCHEDULE 8 - FAMILY VIOLENCE SERVICES The Organisation will receive special funding to enable it to provide a range of family violence-related legal services including: At-court duty lawyer services Advice and information services Casework services Community legal education and community development Note regarding service targets: All targets assume at least one FTE lawyer is funded to each recipient centre (lower staffing establishment will equate to a pro rata target). 1. Duty Lawyer services: The primary purpose of the special family violence funding is to provide at-court duty lawyer services to the Organisation’s local venue of the Magistrates’ Court. The duty lawyer service will primarily be focused on providing assistance to applicants for intervention orders, aggrieved family members in police initiated family violence intervention order matters and other persons who may have experienced family violence and require information, advice or casework services.