The Federal Government has announced that it will be reducing Commonwealth funding for Legal Aid nationally by up to $15 million in its most recent budget. The funding changes come at an untimely moment following the Productivity Commission's inquiry into Access to Justice Arrangements. The proportion of Commonwealth funding for the Legal Aid Commission will now represent 35% of its funding following the changes.

A number of peak legal bodies have expressed concern with the funding changes and their impact on access to justice in Australia.

  • President of the NSW Bar Association, Phillip Boulton SC has commented:
  • "These cuts will further increase the numbers of unrepresented litigants coming before our courts. It is well established that self-represented litigants increase the demand on time, costs and resources of the court system".

  • The Law Council of Australia has also expressed its concern that the reduction of legal aid funding will not only exacerbate the strain of frontline legal aid staff by imposing more stringent means tests, but will also result in increased downstream costs for the economy and society as a whole. Its President, Mr Michael Colbran QC has called for an increase in the Commonwealth funding, as well as the readjustment of funding arrangements to reflect a 50-50 split between Federal and State/Territory funding of legal aid arrangements.

The funding changes will certainly have an adverse impact on those less well off to fend for themselves at a time of great need. The provision of Pro-bono legal assistance by private firms and solicitors will increasingly be essential to improving access to justice for disadvantaged clients.

Carroll & O'Dea provides legal assistance on a Pro-bono basis in accordance with our Pro-bono policy. We welcome all enquiries.

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