Victoria Announces Access To Justice Review
Tuesday 10 November 2015 @ 11.31 a.m. | Legal Research
The Victorian Government has announced they will be conducting an “Access to Justice Review”, which will examine whether disadvantaged and vulnerable members of the community are adequately equipped when engaging with the legal system. The review is being led by the Department of Justice and Regulation and assisted by Crown Counsel Melinda Richards SC and former Chair of Legal Aid Queensland and Director-General of the Queensland Department of Justice Rachel Hunter. The review will involve public consultation as well as consideration of last year’s Productivity Commission report and the National Partnership Agreement on Legal Assistance Services. A final report is expected by 22 August 2016.
Attorney-General Martin Pakula said in a press release:
“A justice system that supports the most vulnerable in our community and gives the disadvantaged better access to legal services means a fairer, safer Victoria.
The current system means some people are being locked out of justice, whether it is by postcode, price or their understanding of the legal system.
The aim of this review is to improve access to justice for Victorians with everyday legal problems, and ensure that disadvantaged and vulnerable Victorians receive the support they need.”
Terms of reference
The terms of reference are extensive and include:
- The availability of easily accessible information on legal assistance services
- Alternatives to civil litigation
- The expansion of alternative dispute resolution mechanisms
- Reforming the Victorian Civil and Administrative Tribunal (VCAT)
- Availability of pro bono legal services
- Funding of legal assistance providers and reduction of any duplication
- The operation of Victoria Legal Aid
- Support for self-represented litigants
Lawyers Weekly reported that the Victorian Bar and the Law Institute of Victoria have both welcomed the inquiry and plan to make submissions. Victorian Bar President James Peter QC told Lawyers Weekly that:
“Access to justice for Victorians is an issue of fundamental importance. The Victorian Bar has and will make important contributions to help solve the challenges facing all who need legal representation”.
Law Institute of Victoria vice-president Belinda Wilson said:
“Too many people are struggling with access to justice because they cannot afford a lawyer and do not qualify for scarce legal aid funding…. This review is extremely timely in looking at how to provide legal assistance to our most vulnerable including victims of family violence, young people, and people with a disability or mental illness.”
She also told Lawyers Weekly she would like the review to cover additional areas ripe for reform, including “contingency fees, legal expense insurance and more services for self-represented litigants.”
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