JusticeNet

Adjourned debate on motion of Hon. F. Pangallo:

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.

(Continued from 25 July 2018.)

The Hon. K.J. MAHER (Leader of the Opposition) (16:55): I rise today not just as Leader of the Opposition in this place but also as the Labor shadow attorney-general to indicate my support for this motion. It is timely that we are debating this motion now; it remains a very important one. The JusticeNet Walk for Justice fundraiser will be held shortly. I was at the fundraiser last year and I will be there this year, as will other members of the Labor caucus and, indeed, other members of this chamber, I suspect.

This year, the funds raised by JusticeNet through the walk take on even more significance than in the past. We are aware of a draft bill that, I am told, is likely to be introduced, or has just been introduced, in the other place that may have the effect of forcing even deeper cuts on JusticeNet. It is the Legal Practitioners (Miscellaneous) Amendment Bill 2019. We have received advice that, if this bill is passed, clause 5 of the draft bill will change the formulation as set out in section 57A(2) of the act, which governs the allocation of interest accruing on solicited trust accounts.

The practical effect of the amendment will be to reduce the amount paid to the Law Foundation of South Australia from 10 per cent of the funds to only 5 per cent, with an option to reduce it to zero at the Attorney-General's discretion. I understand that 10 per cent of the funds paid under this act have been paid to the Law Foundation every year since its inception in 1983. We understand that this equates to approximately $180,000 to the Law Foundation each year, which likely means funding for JusticeNet through the Law Foundation will not be forthcoming.

For many years now, JusticeNet has operated in South Australia, funding itself on donations and through the work of other generous organisations and individuals and, of course, through government funding. In opposition, the Liberal Party spoke out in support of JusticeNet. The current Attorney-General (Deputy Premier, Vickie Chapman) in the other place talked at length about the good work that JusticeNet SA does to support those most in need. However, once she found herself in government, strangely, those well-wishes mysteriously dried up.

Now the Liberal government have refused to offer funding to JusticeNet. They have not offered any reason, so they have probably forgotten the good work it does. There are people out there who should be protected, who have done everything right and have just been caught up in a bad situation or preyed upon by bad actors and find themselves at a loss. Maybe they do not understand their legal rights and protections under the law or they have been ripped off. Many cannot afford a lawyer or do not have the skill sets to defend themselves in court. Maybe they are recent immigrants and are not yet fully immersed in our language or laws.

These are the people most at risk in our society who have the most to lose and who are the most vulnerable. They should not also be the ones who are least able to access justice. It is that fault that JusticeNet strives to correct. Through JusticeNet, up-and-coming lawyers, as well as some of the best lawyers in the state, offer services to those in need.

Wherever justice would not be done, JusticeNet can step up to give someone the support they need in times of difficulty. In South Australia, this is done through a number of different means, through legal advice, representation, giving guidance to those representing themselves and a referral service for others. Reports have consistently found that JusticeNet provides a very distinct and real benefit to clients, lawyers, law students and courts alike.

When the self-representation service began in 2013, a report found that every group involved in the evaluation believed the trial had been a success, and there was strong evidence that it had not only helped clients but eased the courts' burden as well, diverting unmeritorious cases and helping applicants get their paperwork together clearly and efficiently.

According to JusticeNet SA's 2018 annual report, they generated over 7,000 hours of pro bono work valued at more than $2 million. What JusticeNet does is to allow people access to the justice system who likely would not have that access, if not for JusticeNet. I think we can say with some surety that everyone who engages with JusticeNet is better off than they would have been without it and that those in the greatest need will likely get the most benefit. It enables the proper functioning of the justice system, something you would think would be of the highest order of priorities for the Attorney-General.

We would like to see JusticeNet continue for a long time. The problem is that it should not need to do that on its own. It is reasonable to expect that a state government would be willing to be able to front up a small sum of money to help some of its most vulnerable citizens access legal redress in the justice system. I strongly urge the Liberal government to keep in mind the many people who have been able to access life-changing help because of JusticeNet SA, to reconsider the funding of it, and perhaps reconsider the legislation that would deprive JusticeNet of funding. I commend the motion to the chamber.

The Hon. C. BONAROS (17:01): I rise to speak in wholehearted support of the motion moved by my colleague the Hon. Frank Pangallo concerning funding for JusticeNet SA and to echo some of the sentiments expressed by the member opposite. It is wonderful to see so many volunteers, staff and members of JusticeNet here today, led by the organisation's executive director, Tim Graham. It is also wonderful that there are so many volunteers, staff and members of the legal profession who support JusticeNet as a vital pro bono community legal service which provides free advice and representation to over 1,500 vulnerable and disadvantaged South Australians each and every year.

On that note, I am very proud, for the second time to be an ambassador for the 11^th annual Walk for Justice, a fixture in South Australia's legal calendar, which is on next Tuesday 21 May. I look forward to seeing many South Australians taking part in this year's Walk for Justice fundraising event, along with many of my colleagues and luminaries from the legal profession. I will be on hand to help serve the walkers a delicious gourmet breakfast prepared by award-winning chef Simon Bryant.

I think we need to remember why it is we need a walk like the one that is being put on next week, and that goes to the very heart and essence of this motion. Approximately 25 per cent of South Australians experience legal problems every year for which they require the assistance of a lawyer, yet so many of them just cannot afford a lawyer and do not get the help they need to resolve serious and often complex civil law issues.

Cruel cuts to the Legal Services Commission last year by the Marshall government have only exacerbated the problem. The dire lack of funding has meant that JusticeNet is forced to rely on mammoth fundraising efforts, like the one I just explained, culminating in the annual Walk for Justice. The Attorney-General, the Hon. Vickie Chapman, has been involved in JusticeNet's Walk for Justice for many years, helping to raise funds for low income and disadvantaged South Australians to receive legal representation that they would otherwise not receive. I reiterate the Attorney-General's words spoken at last year's event:

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.

Apparently that gratitude does not extend to providing JusticeNet with recurrent funding from government. That government, then opposition, committed only to review JusticeNet's funding arrangements or lack thereof.

As we now know, that review resulted in the government's decision not to fund JusticeNet at all, not to fund the low core operating costs of about $120,000 per year—a small amount, a tiny amount, given the invaluable work provided by the service. I think we would all agree that the funding pales in comparison to the more than $2 million of pro bono value donated to and by JusticeNet each year.

Indeed, the letter signed by the Hon. John Gardner MP, acting on behalf of the Attorney-General last year during a period of leave, provides absolutely 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 one-off project funding proposals was also rejected by the Marshall Liberal government.

It is an absolute embarrassment that JusticeNet receives no recurrent funding from government to cover its core operating costs. It is an extremely modest sum of approximately $125,000 per year they are seeking. I note that the previous Labor government provided two modest one-off grants in the lead-up to the last state election. JusticeNet has made these funds stretch as far as possible, but these are now exhausted.

I would like to point out that any suggestion by any member that JusticeNet receives any form of recurrent funding from the state government—and we have an amendment to that effect by the Hon. Dennis Hood in his amendment circulated in this chamber—is completely disingenuous. I would like the honourable member to advise who the government says provided the recurrent funding referred to in the amendment. JusticeNet receives a three-year grant from the commonwealth to run a project in the federal courts and that is it. JusticeNet receives zip, zero, zilch recurrent funding from the state government to help vulnerable South Australians—absolutely nothing.

Further, what revenue stream does the honourable member say is projected to sufficiently meet JusticeNet's operational needs? In the 2018-19 financial year JusticeNet had sufficient funds to meet its needs from two one-off grants from the previous government which met its operations for that year and that year only. Those funds have not been renewed. Again, perhaps the honourable member, on behalf of the government, would like to speak directly with Tim Graham of JusticeNet. He is best placed to know about JusticeNet's precarious financial position and what a great return on investment JusticeNet can provide to this government.

Perhaps the honourable member, or other members of the Marshall Liberal government, would like to tackle head on the task of trying to secure substantial donations to the service to ensure that JusticeNet continues its vital work in the community. I can tell members this: if JusticeNet does not provide those services they will fall in your laps. You will have to provide the funding to provide those services.

I do not think we can underestimate how grateful we should be for the fact that services like this exist and take pressure off government coffers in terms of providing services to the most vulnerable citizens in South Australia. I will let my colleague the Hon. Frank Pangallo—and it is his motion—further elaborate on the assertions made in this debate, particularly on the amendments to the motion proposed, in his summing-up of the debate.

With those words, I again commend JusticeNet for the extraordinary effort it makes on the part of the most vulnerable members of our community. I hope that somehow the government will see sense and reverse its decision in this instance in terms of funding.

The Hon. D.G.E. HOOD (17:09): I rise to address this very important matter. I will start by saying that the government, of course, is well aware of the substantial contribution made by JusticeNet in supporting those South Australians who are disadvantaged and either cannot afford private legal services or are unable to access legal aid funding for free legal assistance. Indeed, members of the current government, both in government and whilst in opposition, as members have already indicated during their contributions, have participated in the Walk for Justice to help raise funds for this organisation.

As you would be aware, sir, this government took a commitment to the last state election to review the funding formula for JusticeNet. While elements of JusticeNet's services are unique, they must be considered in the broader context of community legal services provided across South Australia. In this context, JusticeNet is one of many service providers, each of which has its own funding needs. In 2018, the government's review of JusticeNet's funding arrangements found that in 2017-18 JusticeNet's revenue totalled $643,264, with $474,158 from grants and $122,916 from donations and fundraising. They ended the financial year with a surplus in that year.

As part of this discovery process it was also apparent that, going into the 2018-19 financial year, the organisation's estimated revenue stream was projected to sufficiently meet its operations for that period. It should be noted that another unique characteristic of JusticeNet is its ability to raise funds beyond traditional means, unlike other community legal centres whose primary source of income is various grant programs administered by either the state or federal government.

In addition to government grants, JusticeNet raises funds through the Walk for Justice, which I just spoke about, private donations and individual and corporate membership fees. These are avenues that are not available to most traditional community legal centres, which also provide vital free legal services to disadvantaged members of the community who otherwise may not be able to afford those services. JusticeNet do a fantastic job coordinating and promoting these events, particularly the Walk for Justice, which is actually occurring next Tuesday for the interest of members.

This financial year, JusticeNet is expected to raise $135,000 through fundraising, including $75,000 from the Walk for Justice, at least $30,000 from private donations, $30,000 from individual and corporate membership fees, and there has been support from the state government. Over the past four years, the state government has provided over half a million dollars of funding and in kind support to JusticeNet, including one-off grants from the Department of the Premier and Cabinet, the Attorney-General's Department and the Department of Human Services, as well as in kind support from lawyers working in the Crown Solicitor's Office who have donated their time to work pro bono.

In fact, it has been estimated that the value of pro bono work undertaken by staff in the Crown Solicitor's Office has exceeded $300,000 over the past four years, and the Attorney-General will encourage staff to continue this practice moving forward.

The Hon. I.K. Hunter: What about the last 15 months of the Liberal government, Dennis?

The Hon. D.G.E. HOOD: That would include the last 15 months, would it not? Also, as I have just said, that will be the case moving forward. Can I also add that earlier this month the Crown Solicitor's Office held its third office art prize, featuring artistic works from employees from the Crown Solicitor's Office and other parts of the Attorney-General's Department. A charity auction of the works was held as part of the event and around $4,500 was raised for JusticeNet just a few months ago.

In addition, JusticeNet has received funding from the Courts Administration Authority and the Law Foundation of South Australia, which provided JusticeNet with some $190,000 in 2016. I understand the organisation also has recurrent funding totalling $180,000 from the Wyatt Benevolent Trust and the commonwealth Attorney-General's Department to continue providing its self-representation service in both state and federal courts.

After considering the sources of funding available to JusticeNet and its unique capacity to raise funds outside those avenues available to other similar services, it was decided that the government would not provide additional funds towards JusticeNet's core operational costs at this time. Based on the information provided to me by JusticeNet to date, I am confident that JusticeNet will be able to meet its operational costs this financial year, and the Attorney-General's Department will continue to support the service with our contribution to pro bono legal work and through the participation in the fundraising efforts for JusticeNet.

In responding on behalf of the government and specific to the Hon. Mr Pangallo's motion, I would like to amend the motion, as members would have seen. I move to amend the motion as follows:

Leave out paragraphs 2 and 3 and insert new paragraph 2 as follows:

2. Notes that the operational costs were covered by recurrent funding in 2017-18 and it is apparent that, going into the 2018-19 financial year, the organisation's estimated revenue stream is projected to sufficiently meet its operations.

The Hon. T.A. FRANKS (17:14): I rise briefly to indicate the Greens' support for this motion and to acknowledge the very fine work that JusticeNet does. I do so not as the portfolio holder because, as many members of this council are aware, the portfolio holder, the Hon. Mark Parnell, is currently not in the council, but a place that he has been at for many, many years is of course at the annual walk for JusticeNet. He will, sadly, be missing next Tuesday but our support stands strong, and we will be supporting the crossbench team led by SA-Best and funding that team as they walk next Tuesday.

In this place we see people at their best, we see people at their finest and we often see people at their worst in our community. When they are at their worst we refer them to organisations like JusticeNet because the need for justice, the need for representation and the need for legal support and advice is not going anywhere. It is all very well for the government to say that benevolent societies, fundraising, art exhibitions, community walks and charities should pick up the pieces, but what sort of society are we where people seeking justice have to rely on the kindness of strangers? With those few words, we support the motion and commend the Hon. Frank Pangallo for bringing it before this place.

The Hon. F. PANGALLO (17:16): I thank all honourable members for their contributions. I would first like to address the amendment moved by the Hon. Dennis Hood, which, as my colleague the Hon. Connie Bonaros has pointed out, is a misstatement of facts. JusticeNet does not get recurrent funding from any source except a three-year grant from the commonwealth to run a specific project in the federal courts, which is the federal courts self-representation service. There is no revenue stream for JusticeNet. What is the revenue stream to which the honourable member refers?

The facts are that, for the 2018 calendar year, JusticeNet had enough funds from one-off grants from the previous Labor government. There were grants made in late 2017 and early 2018, which were to fund the 2018 calendar year only. Those funds have not been renewed. JusticeNet has managed to make those two grants last until February 2019. JusticeNet has had no government funding for 2019 and beyond, and there are no funds scheduled to be paid to JusticeNet; it is unfunded.

They do not have an estimated revenue stream, and certainly do not have one that is projected to sufficiently meet its operations. The only funds JusticeNet has—and one would not call this a revenue stream—are from fundraising events and membership fees, which are minor. JusticeNet has made an application to the Law Foundation, but JusticeNet would not know the outcome of this application until the end of June 2019. This would commence in July 2019, but there is no confirmation that the application has been supported. Perhaps the Hon. Dennis Hood knows more than JusticeNet re this application. Operating expenses immediately needed to keep JusticeNet operating until the end of 2019 amount to approximately $125,000.

As the Hon. Kyam Maher pointed out, this is a timely motion, as next week the annual JusticeNet fundraising walk is happening again. We will see members from the government and the opposition, and no doubt the Attorney-General will again front up like the thick-face, black-heart practitioner she is, to take part along with the legal profession, in recognition of the wonderful work this small organisation does for battlers who cannot afford legal representation.

Last year, the newly installed Attorney-General took part and herself acknowledged the incredible work they do in providing much-needed free legal assistance for low income and disadvantaged South Australians, yet her government and the Treasurer could not find the meagre $120,000 to maintain this invaluable service. We have asked several times for them to reconsider, but the answer is always the same: no. Perhaps they figure there are no votes in it and there is more to be gained by giving the big end of town huge concession carrots and free kicks with relaxed shopping hours than worrying about the state's battlers, the jobless, the homeless, refugees and the disabled, who are confronted with the challenges of poverty each day.

JusticeNet SA was established as a pro bono safety net 10 years ago to help people who fall through the gaps in the civil justice system, and provides legal services based in three locations across the Adelaide CBD. The South Australian Legal Services Commission only provides legal aid in serious criminal law and family law parenting matters and not civil matters like bankruptcy, eviction and financial abuse that affect many poorer Australians, but accessing that is becoming more difficult, too.

Legal representation should not be out of reach for the most vulnerable in our community. However, as we are seeing, our courts and tribunals are becoming out of financial reach for many, placing additional strain on the court system. More often, we are seeing people going to court representing themselves, much to the annoyance, perhaps, of prosecutors, magistrates and judges because of the time soaked up dealing with 'bush' or amateur lawyers ignorant of the justice system and our laws. But it is not their fault.

It is disconcerting to hear that the government now has legislation to further carve up funding to legal services like the Law Foundation. The government's mean-spirited attitude threatens the future of JusticeNet and the service it provides to over 1,500 vulnerable and disadvantaged South Australians each year. It is worth about $2 million a year, so where will this come from? Can the government provide an answer?

I do hope the Treasurer and the Attorney-General can find a solution to find funds from other sources within the Attorney-General's Department to keep JusticeNet going. As respected moderate American lawyer and jurist Lewis Powell once said:

Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists…it is fundamental that justice should be the same, in substance and availability, without regard to economic status.

Governments do also have a responsibility to invest in civil justice so that it is available to those in need. I commend this motion to the Legislative Council.

Amendment negatived; motion carried.