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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-28 Daily Xml
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Self-Represented Hearings

The Hon. C. BONAROS (15:04): I seek leave to ask the Attorney-General a question about represented versus self-represented hearings in the criminal jurisdiction.

Leave granted.

The Hon. C. BONAROS: I recently received the response to an FOI requesting five years of comparisons of numbers of represented versus self-represented matters in criminal hearings. Those FOI figures provided indicate that in the Supreme Court there are currently about 396 matters where individuals have been self-represented, compared to 1,991 who are represented. In the District Court, in terms of criminal hearings, there are 11,413 represented versus 2,428 self-represented. In the Magistrates Court, there are 161,755 represented versus 72,000-odd self-represented, and in the Youth Court there are 18,863 represented versus 2,983 self-represented. Obviously, there are more represented than non-represented or self-represented. My questions to the Attorney are:

1. Specifically in relation to the Youth Court, and given that very high number, is he concerned about the almost 3,000 defendants who are appearing before the Youth Court in criminal matters without representation?

2. More broadly across the system, what are some of the reasons that, from a cost perspective, some of those individuals wouldn't have the option of being represented in their matters?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:06): I thank the honourable member for her question. I might answer the second part first, regarding more broadly across the system. Access to justice and having an ability to be represented to provide a proper defence, particularly in the criminal justice system, is an exceptionally important element of our justice system. Certainly, the Legal Services Commission provides—and I can't remember the figures, but I have mentioned them before here in this place—many, many thousands of client interactions each year for people who otherwise wouldn't be able to afford representation in the legal system.

Of course, there are other reasons why people aren't represented in the legal system and in the criminal justice system. There is no doubt there will be those who either would be able to afford it themselves or would be entitled to representation through legal aid or through the Legal Services Commission representation but who prefer, in their own judgement, that they may be better at representing themselves than they think others might. I think that is almost always a foolish choice, but there are those who prefer to represent themselves, even if they have the means or the ability to have other sources of representation.

More specifically to the Youth Court, overwhelmingly people involved in the Youth Court are represented, as the honourable member's figures indicate. I know, for example, that the Legal Services Commission has a very significant support to litigants through the Youth Court through a duty solicitor program that operates in the Youth Court, which I think is exceptionally well used and exceptionally well received.

Whilst overwhelmingly people are represented, and our legal aid and the Legal Services Commission do a remarkable job of giving access to justice—I might mention that, in the broader justice system, there are services like those provided through JusticeNet and community legal centres—there are those who sometimes, for reasons, prefer to represent themselves rather than have legal representation.

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