The Law Council of Australia’s release of The Justice Project on August 23 is the most important and extensive investigation into access to justice in the past 40 years. The Justice Project focused on 13 key groups in our community who experience significant disadvantage. These include Aboriginal and Torres Strait Islander people, LGBTI people, people with disabilities, the aged, children and youth, and people facing economic hardship.

The Justice Project is the result of around 150 consultations and 129 submissions, many from disadvantaged and vulnerable people who have faced challenging and heartbreaking circumstances. Many could not access justice or experienced poor justice outcomes. The final report makes 59 recommendations to improve our justice system.

Among the recommendations is for a Council of Australian Governments Access to Justice Framework to underpin a whole-of-government commitment to justice access. The Law Society has long called for a national approach and commitment to access to justice.

The report also calls for the commissioning of a full review of the resourcing requirements of the judicial system. The public has a right to expect the efficient and timely delivery of justice. Yet delays and backlogs hamper our justice system. Recent figures reveal an increase in delays in both the Local and District Courts.

The courts must be properly equipped to reduce delays and costs to the community. Challenges to access to justice can undermine public confidence in the justice system. This is why the Law Society recently called for the appointment of up to 15 additional District Court judges and Local Court magistrates to enable the current backlog to be brought down to acceptable levels. This will require additional resources for Legal Aid NSW and the Office of the Director of Public Prosecutions (NSW) to support these additional judicial resources.

I also support The Justice Project’s recommendation that funding for the legal assistance sector should be determined on the basis of an evidence-based funding model which is adequate, predictable and sustainable in the longterm. Cost is one of the key barriers disadvantaged people face when accessing justice. Secure ongoing funding for the legal assistance sector is critical to the effective administration of justice.

I urge you to read the report and its other important recommendations.

Doug Humphreys
Law Society President 2018
Twitter:  @LSNSW_President

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