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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-02-10 Daily Xml
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LEGAL SERVICES COMMISSION

Mr SIBBONS (Mitchell) (14:35): Can the Attorney-General inform the house of what measures the government will be taking to ensure that the provision of legal assistance to the South Australian community is effective and accessible?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice, Minister for Urban Development and Planning, Minister for Tourism, Minister for Food Marketing) (14:35): This is a very important question and an important issue for South Australians. As most members of the parliament would appreciate, the prime method for delivery of legal services to the less fortunate people in this community is through the Legal Services Commission. People would also be aware that that commission is jointly funded by the state and the commonwealth, but the commonwealth funds are largely quarantined to commonwealth matters, in particular, family law matters, which means the burden and responsibility in respect of criminal proceedings in particular falls upon the state and the state as a contributor to the commission.

The commission provides legal advice, representation, education and information to South Australians. The government has increased funding in 2010-11 by $2 million and funding will continue to increase over the next three years, reaching an extra $2.8 million in 2013-14.

To ensure that the commission's services are delivered in the best possible way, I today have announced a review into the operations of the commission. The review will be chaired by the Solicitor-General. Representatives of the Law Society of South Australia, the Legal Services Commission and the Office of the Director of Public Prosecutions will review and consider a number of matters relating to the commission's operations.

The review will, amongst other things, consider the public defender services established in New Zealand and in New South Wales. The review will identify ways to increase the accessibility to legal aid. The review will also examine the fee structure of the commission, including: an evaluation of the current fee structure with particular interest being taken by me in how that fee structure can fit into ameliorating the problems of congestion in the criminal courts in particular; the provision of legal services, including the current policy which gives defendants a choice of applying for legal aid directly to the commission or being represented by a particular private lawyer; and the operation of the commission, including an analysis of criminal matters assigned to in-house commission lawyers and external lawyers.

I expect the review to report to me by the end July this year. I would like to acknowledge, in making this statement, the excellent work of the commission. I look forward to a report that will ensure that the community receives the best legal aid service possible into the future.

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