JusticeNet

The Hon. F. PANGALLO (16:52): I move:

That this council—

1. Acknowledges the invaluable work of pro bono community legal centre JusticeNet in assisting many vulnerable and disadvantaged South Australians dealing with civil matters like bankruptcy, eviction and financial abuse;

2. Notes the decision of the state government to decline providing recurrent funding to cover operational costs of the service has resulted in an uncertain future for JusticeNet; and

3. Urges the state government to reverse its decision as a matter of urgency.

As many of you may know, JusticeNet is a crucial pro bono community legal service. It provides free advice and representation to over 1,500 vulnerable and disadvantaged South Australians each year. JusticeNet receives no recurrent funding from government to cover its core operating costs, though the previous Labor government provided two modest one-off grants in the lead-up to the last state election.

The lack of funding has meant that JusticeNet is forced to rely on mammoth fundraising efforts. Many of you would have taken part in this year's 10^th annual Walk for Justice event in May, which raises much-needed funds for JusticeNet. The popular five-kilometre morning walk has become a fixture of our state's legal calendar, assembling the largest gathering of barristers, judges, other members of the legal community, students and supporters, for the fundraising walk that winds its way around our picturesque city before ending in a gourmet recovery breakfast served up by Chief Justice Chris Kourakis and other Walk for Justice ambassadors, including the Attorney-General, Vickie Chapman; shadow attorney-general, the Hon. Kyam Maher; the Hon. Mark Parnell; and my own colleague the Hon. Connie Bonaros.

As the official starter at this year's walk, the Attorney-General had the audacity to praise the work undertaken by JusticeNet, together with all local pro bono legal services, in her speech to the gathering. In her own words, she acknowledged their work, and I quote:

I'm proud to have been involved with this walk for several years now, joining representatives of the largest legal profession and justice system to raise funds to help low-income and disadvantaged South Australians. Whether you're a law student, solicitor, barrister or even a judge, we all understand the importance of good legal advice to help people navigate the justice system and reach fair outcomes. But we also know that not everyone can afford a lawyer. Free legal assistance provides vital access to services for our community, particularly people facing poverty or homelessness, refugees and people with a disability. I am grateful to all the agencies and individuals in South Australia that offer free legal services to disadvantaged and vulnerable South Australians.

Weeks later, our office wrote to JusticeNet informing the service of the Attorney-General's decision not to provide funding.

The Hon. T.T. Ngo: Shame!

The Hon. F. PANGALLO: Shame indeed. In fact, the letter, dated 24 June 2018, came not from the Attorney-General herself but the honourable John Gardner MP in his role as acting attorney-general while the Attorney-General was on leave.

The Hon. T.T. Ngo: Holiday.

The Hon. F. PANGALLO: Indeed. This must have felt like a slap in the face to the wonderful people at JusticeNet, given her very public support for the great organisation at its fundraising walk only a few weeks prior. Attorney, if you are going to walk the walk, then you need to talk the talk.

On 10 May 2018, my colleague the Hon. Connie Bonaros asked a question in this place regarding future funding arrangements for JusticeNet. The response received from the government was:

This government committed to reviewing JusticeNet's funding formula with other agencies if elected. The Attorney-General is currently undertaking this work and will make a decision on funding in due course.

That review, as we now know, resulted in the government's decision not to fund JusticeNet's core operating costs of just $120,000 per year, a small amount given the invaluable work provided by the service. The letter signed by John Gardner MP provides no reason for the government's position, other than to say, 'The government is not in a position to grant your core operating costs funding request at this time.'

To top it off, the possibility of a one-off project funding proposal was also rejected. I wrote to the Attorney-General as a matter of urgency last Monday, urging her to reverse the government's decision not to fund JusticeNet. I am yet to receive a response. This mean-spirited kick in the guts by the government threatens the future of JusticeNet and the magnificent and crucial free advice and representation it provides to over 1,500 vulnerable and disadvantaged South Australians each year.

JusticeNet was established as a pro bono safety net nine years ago to help people who fall through the gaps in the civil justice system. It provides legal services based in three locations across the Adelaide CBD. The Legal Services Commission of South Australia only provides legal aid in serious criminal law and family law parenting matters and not civil matters like bankruptcy, eviction and financial abuse that affects many poorer Australians.

JusticeNet crucially provides free advice and representation to hundreds of vulnerable and disadvantaged people each year by leveraging the expertise of over 300 volunteer pro bono lawyers from some of Adelaide's top barristers and law firms, providing over 8,500 hours of free legal advice. Lawyers from some of South Australia's most respected and well-known law firms, including Finlaysons, Fisher Jeffries, Cowell Clarke, HWL Ebsworth and MinterEllison, provide their services pro bono to JusticeNet. They do it for free, but if JusticeNet cannot keep going all that expertise it has leveraged goes with it.

JusticeNet faces a constant daily challenge to meet the needs of its clients. Increasingly, access to courts and tribunals is becoming beyond the financial reach of most South Australians, putting further pressure on an already strained court system and hampering a person's fundamental right to access justice. About 25 per cent of South Australians experience serious legal problems each year that require the assistance of a lawyer, but many do not get the help they need to resolve serious civil law problems because they cannot afford it and/or because they do not know where to go to seek advice. JusticeNet helps redress the systemic failure. It does not resolve it; that is the duty of governments.

As mentioned, the well-respected organisation has never received recurrent government funding for operating costs, but demand for its services is at an all-time high, and the extra funds would help it meet that demand and provide certainty to the service to continue well into the future. Providing basic funding for operating costs would also save the government significant money through a reduced demand on welfare and social services that respond to bankruptcy, poverty, unemployment, homelessness and other serious adverse consequences of civil legal disputes.

Further, of all coordinated pro bono legal services in Queensland, New South Wales, Victoria, Western Australia and South Australia, only JusticeNet operates without recurrent state government financial support. The refusal to provide recurrent funding to JusticeNet will only add to the backlog of cases before the courts, with more people having no option but to try to represent themselves. It is a paltry amount, considering the state government wants to splash millions more on extravagant projects like the unnecessary right-hand tram turn into North Terrace. Tim Graham, who runs JusticeNet said:

Funding has always been a serious and ongoing challenge. Fortunately, JusticeNet has access to many lawyers who devote their time free of charge to assist people in desperate need of legal support. But even with their pro bono support, it's still a constant challenge to meet the needs of our clients.

It should not have to be an uphill battle. It's a small amount each year—$120,000 in recurrent funding would make the world of difference to the lives of so many battlers. JusticeNet is not asking the government to break the bank. Its request for $120,000 of recurrent funding is a drop in the ocean, given the important legal support it offers its clients.

Many of its clients have disabilities and/or are vulnerable to vultures who take advantage of their personal circumstances. Some have even been the cruel victims of financial abuse by their own family members. Take Jason Kean and Danielle Piotrowski as an example. They faced losing their Mount Compass home when Jason suffered a brain aneurysm last year. He applied for a payout from his superannuation fund, but was rejected. JusticeNet SA lawyers stepped in to help Jason and his young family secure a payout to cover mortgage repayments while Jason continues to work on his recovery.

If not for JusticeNet SA and its vast network of generous lawyers who provide their expertise free of charge, people like Jason and Danielle would fall through the cracks. Sadly, many others will do exactly that if the state government does not reverse its miserly decision and commit to funding this outstanding organisation.

What is wrong with this state government? Can it not see the crucial service JusticeNet SA provides to some of the most vulnerable and needy people in our society? There is a huge chasm in people having access to justice, and what JusticeNet SA does is to procure help for people who otherwise would have no hope of legal representation in complex cases—it is invaluable.

I call on the Attorney-General, Vickie Chapman, and the Treasurer, the Hon. Rob Lucas, to immediately reverse its mean-spirited decision, which will place a further handicap on cash-strapped litigants trying to get justice.

Debate adjourned on motion of Hon. T.J. Stephens.