Shayne Neumann (Blair, Australian Labor Party) Share this | Link to this | Hansard source

by leave—on behalf of the member for Dunkley, I move:

That this House:

(1) recognises the vital role played by Community Legal Centres in Australia, emphasising that Community Legal Centres:

(a) serve as pillars of support for individuals and families navigating legal matters, offering essential guidance and assistance; and

(b) contribute significantly to ensuring equal access to justice, particularly for vulnerable and marginalised communities;

(2) notes recommendation 12.4 of the Royal Commission into the Robodebt Scheme that states, 'When it next conducts a review of the National Legal Assistance Partnership, the Commonwealth should have regard, in considering funding for legal aid commissions and community legal centres, to the importance of the public interest role played by those services as exemplified in their work during the Scheme'; and

(3) acknowledges that the Government has initiated an independent review of the National Legal Assistance Partnership.

I'm pleased to move this motion in the name of and on behalf of my colleague the member for Dunkley, who cannot be with us this week for health reasons. I'm sure I speak on behalf of all of us in wishing her well with her treatment and recovery.

An honourable member: Hear, hear.

As a lawyer like me she's passionate about this issue and knows that community legal centres assist thousands of Australians who could not otherwise have access to legal assistance. Community legal centres ensure that all Australians are able to have their rights upheld. They serve to rebalance the weights of justice into equilibrium, going some way towards levelling the playing field for those who need help. The most vulnerable members of our community rely on community legal centres. I know many of my constituents rely on the services of centres like TASC Legal and Social Justice Service in Ipswich, for example.

The Albanese Labor government acknowledge that the work done by CLCs is very important. It's fundamental to who we are as a nation. When Labor were last in government, we injected almost half a billion dollars into the legal assistance sector. In our last government budget in 2013 we continued the long haul of repairing and rebuilding this sector by providing an extra $52.3 million for legal aid, community legal centres and Aboriginal and Torres Strait Islander legal services. I know this personally because I can remember, as Parliamentary Secretary to the Attorney-General, letting people know of the extra funding and how pleased and appreciative they were.

One of the first moves of the Abbott coalition government was to strip all that back, and then those opposite carried on with that form for a decade. I remember the Taylor Street Community Legal Service centre up there in Hervey Bay losing funding, and that's just one example of a number around the country that lost funding because the Abbott coalition government immediately stripped away funding.

In fact, the sector has suffered from neglect, funding cuts and occasional outright hostility from the coalition government of the past decade. It was often dragged into a wider culture war waged by the Liberal Party's hard Right. Lawyers who provided critical assistance to vulnerable people were branded un-Australia by senior members of the former government. Successive coalition Attorneys-General did nothing to defend the legal assistance profession against those attacks.

Before entering parliament, I was an accredited specialist in family law and practised law for nearly 25 years across a range of areas. As a lawyer, I witnessed the damaging impact of coercive control and other forms of domestic violence on women, in particular, and on their children. I know how crucial community legal centres are for giving women and children access to justice that they otherwise wouldn't have. Recently, the Albanese Labor government made significant changes to family law to make it simpler and safer for separated families and their children.

It's important to note these reforms, and the backing of the community legal centres, as well as other key stakeholders. I know some government members have been reaching out to their local community legal centres to raise awareness of the changes. We know that community legal centres are best placed to understand and advocate for changes to unfair systems that impact their clients. On that front, the royal commission into the robodebt scheme recommended that when it next conducts a review of the national legal assistance partnership the Commonwealth should have regard, when considering funding for legal aid commissions and community legal centres, for the importance of the public interest role played by these services, as exemplified by their work during the scheme.

The robodebt royal commission indeed acknowledged the significant role legal assistance providers played in advocating for systemic change and for the discontinuation of that unlawful and shameful scheme. To that end, it's worth noting that in June the government initiated an independent review of the National Legal Assistance Partnership. The current NLAP is a $2.4 billion agreement between Commonwealth, state and territory governments to provide legal assistance services to the most vulnerable people in Australia, including community legal service centres. The current NLAP is due to expire in 2025, and this independent and transparent review will consider how future funding arrangements can best provide access to justice for those who need it. The terms of reference have been agreed on by all jurisdictions in consultation with representatives from legal assistance. It is due to be completed by early 2024, and its findings will inform governments regarding future funding arrangements.

I want to give a quick plug: the member for Moreton and I are co-hosting a briefing for parliamentarians on community legal centres this Thursday. This was organised by the member for Dunkley, and I thank her for the work she's done.

Bridget Archer (Bass, Liberal Party) Share this | Link to this | Hansard source

Is there a seconder for the motion?

Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

I second the motion and reserve my right to speak.

Rebekha Sharkie (Mayo, Centre Alliance) Share this | Link to this | Hansard source

Community legal services are a cornerstone for accessing justice. They matter because your bank balance should not determine whether you can secure desperately needed support with respect to legal challenges. Every week, I have constituents contacting me, normally highly distressed and overwhelmed by the legal system, struggling to navigate it and seeking assistance—and I'm sure you experience the same thing, Deputy Speaker Archer. Those issues can be related to family matters, domestic and family violence, and consumer protections. As members of parliament, we can't provide any legal advice, but what we can do is direct our constituents to community legal centres and their amazing teams.

Community legal centres are based in local communities, they focus on clients and they work across a spectrum of areas—family law, credit, debt, consumer law, family violence, housing, elder abuse and elder law—which is an area that is desperately needing more support, particularly for older people who perhaps have a bereavement with respect to their partner, at which things can get very messy with other people in the family—employment, and social security support. In Mayo, the Southern Community Justice Centre take on general legal, civil, criminal and family matters. They have a vast reach, from Christies Beach down to Mount Gambier and the Riverland, the south coast and Kangaroo Island—the area is enormous, and it must be overwhelming for them.

The summary of Community Legal Centres Australia's response to the 2023-24 federal budget recognises that the government has committed funding to some important initiatives to support people with financial hardships, but expresses disappointment that few resources were put towards improving access to justice and interventions. This is an area where a dollar spent in the community legal centre space provides tenfold support for the community. The more people we can get out of the courts, whom we can support with remedies without going through what is a very stressful and a very costly experience, the better. The member for Dunkley has moved that the government be acknowledged for commencing an independent review into the National Legal Assistance Partnership—known as 'the agreement'—which is the main funding framework for the sector. We know that this agreement is set to expire in June 2025, so commencing a review now does seem a very timely and sensible thing to do.

But I am concerned, when I look at the figures, that community legal centres turned away an estimated 170,000 people in 2016 due to a lack of capacity. That was seven years ago. We know that these services are oversubscribed and that many people who desperately need support are not able to access support. I urge the government to factor indexation into all funding agreements going forward to manage high inflation. I also suggest peak bodies, such as Community Legal Centres Australia, be funded to provide support for centres. I'd also like to see measures to level the field and remove the postcode lottery for regional and rural Australians to access community legal services. They really are few and far between. When you get out into the regions, it's very difficult for people to access support, particularly when you've got to factor in that we don't have the public transport so that people can necessarily get into Christies Beach or even down to Mount Gambier. It makes it very challenging. I guess it's like health and a range of other policy areas, where, if you live in the regions, you are generally far worse off.

It's important that we recognise the value of our community legal centres. I would like to do a shout-out to all of the people who are working today in community legal centres right across Australia: thank you for the good work you do. I know that many of our constituents have been forwarded on. We advocate for more support, but it's critically important that we recognise the great work that people do. I sometimes think they're a social worker and a lawyer rolled into one. Thank you, community legal services.

Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

I'm proud to rise to speak on the motion put forward by the member for Dunkley, the representative in this House with the biggest heart. We know that community legal centres are based on the notion of social inclusion and access to justice for all. Community legal centres are independent not-for-profit organisations that provide a wide range of general and specialist legal services. They have a significant impact across communities by providing appropriate and effective client services; increased knowledge of, and access to, services that meet the community's legal needs; support to the justice system to effectively operate and make policy and practice decisions; and meaningful professional experience to volunteers.

I want to highlight the nearly 200 community legal centres right across Australia. They're all dedicated to offering legal help to the most vulnerable among us. I particularly want to highlight the Women's Legal Service Queensland that operates in my electorate in Annerley but also give a special call-out to the Inala legal service that services my electorate but is actually in the electorate next door. The Women's Legal Service Queensland provides legal assistance and other key support services to women in the areas of domestic and family violence, family law—something that I know you care passionately about, Deputy Speaker—child protection and sexual assault. They do that right across Queensland. They're well known and well respected across Australia for their work protecting women and children, and their policy advocacy.

Ensuring access to justice and equality before the law is paramount, particularly for those that are disadvantaged. Many of my constituents depend on these centres' services, reinforcing their fundamental role in our community. These centres are not just a resource; they're a beacon of hope for fair representation and support in navigating the complex legal system. I acknowledge and support the vital work that they do. I should point out that they also speed up courts, as self-represented litigants take longer to be dealt with by magistrates and judges. This motion recognises the vital role played by CLCs in Australia. CLCs serve as pillars of support for individuals and families navigating legal matters, offering essential guidance and assistance. Community legal centres, from Queensland to Victoria, also contribute to equal access to justice, particularly for vulnerable and marginalised communities.

We must also be aware of the public interest role played by the provision of these legal services. They provide free legal help to hundreds of thousands of people, with a special emphasis on the vulnerable and disadvantaged members of the community. The work of CLCs is critical in contributing to social inclusion. They're often the first point of contact for people seeking assistance, or their last resort when all else has failed. Without the work of community legal centres, many of the legal issues facing marginalised communities would be unmet and unaddressed. We acknowledge the hard work of CLCs who often bear the brunt of increased pressures and workloads, as they pick up cases unable to be dealt with by other organisations. Without the tireless dedication and commitment of staff and volunteers, CLCs wouldn't be able to provide their invaluable services, and they're often in the tougher end of law, such as in aged care, with homeless people and with people with mental health issues.

Another important function of CLCs is to provide information to the community about their rights and responsibilities. I'm reminding people that, despite what politicians say, there is a presumption of innocence in common law countries. You must be found guilty by the state; you start with that presumption of innocence—not that you'd see that when you hear some politicians talk. Through community legal education, CLCs play another vital role in supporting the legal needs of vulnerable and disadvantaged individuals and communities. In this sense, CLCs service an early intervention and prevention strategy by providing legal education and working with government and other bodies to improve unfair laws. Community legal education activities ensure that communities have improved access to legal information and education.

Relationships with community partners are critical to bridging the gap and opening dialogue. CLCs play a crucial role in informing decision-makers about how law and policy affect the community and contribute to making laws and practice fairer. That's why I particularly wanted to mention the Women's Legal Service in my electorate. For the woman who's escaped a violent partner and can move on with her life safely, the older person who's been helped to address the abuse from a relative, the person who is rehoused after being unfairly evicted and the young person who's assisted to address the mounting debt through unpaid fines—all of these people would agree that community legal centres change lives. They not only improve access to justice but are best placed to understand injustice when it arises, and, importantly, they advocate for change. They are to be commended.

Joanne Ryan (Lalor, Australian Labor Party) Share this | Link to this | Hansard source

It is my pleasure to join colleagues this morning to speak about the community legal centres. I want to thank the member for Dunkley for bringing forward this motion today because community legal centres across Australia do pivotal work in our communities. In the motion, I want to draw attention to the view and the quote from the Royal Commission into the Robodebt Scheme:

… When it next conducts a review of the National Legal Assistance Partnership, the Commonwealth should have regard, in considering funding for legal aid commissions and community legal centres, to the importance of the public interest role played by those services as exemplified in their work during the Scheme…

I want to echo the sentiments of the royal commission because the critical point and the hard places that the Royal Commission into the Robodebt Scheme shone a light on were often brought to our attention in our electorates by those community legal centres. That was certainly one of the groups that I was talking to very early in the piece when first becoming aware that we had the issue of people being incorrectly issued with a debt notice.

WEstjustice is the community legal centre, and it was first founded as the Footscray Legal Centre many decades ago. WEstjustice operates across the western suburbs of Melbourne and has a home in the electorate of Lalor, in its Werribee office. It has done absolutely incredible work in my 10 years in the parliament, advising the now government, when we were in opposition, around name-change issues for refugees, particularly, in my community for those from Myanmar, and the complications of their immigration documents when a name was used but didn't translate into our Anglo-Saxon world. That often meant many years of delays in citizenship processes, which were easily overcome once a few lawyers put their head in there, sorted it out and gave us advice, which I believe was passed to the government, and we managed to get those things fixed fairly quickly. That's one of their roles and the role that I find most valuable.

Obviously we've just heard from the member for Moreton, who talked at length about the cases that community legal centres may do individually to support people. But, for me, the power of their work is in aggregating that information and bringing it to us as MPs and representatives in this place to alert us to trends or things that are obvious when you're on the grand. You aggregate the data of the individual cases and say: 'We have a problem with the name changes for refugees in this country.' We had a problem, highlighted by West Justice, around young people from New Zealand families, which was highlighted nationally and internationally, where we found young people from New Zealand backgrounds in my electorate and electorates like mine who may have left an unhappy family situation and were caught with no support from the Commonwealth. We found young people involved in illegal activity so that they could feed themselves or find somewhere to sleep or young people couch surfing because they weren't entitled to the supports that other young Australian people were entitled to.

Of course, the advocacy work in that space became something that was taken up. In government we are now looking at: the citizenship processes for New Zealand families, which would alleviate those young people of those things; tenancy advice around, if you can't pay your bills, which bills you should pay first to ensure that you don't lose the roof over your head; legal centres that are setting up those advice clinics in local areas; and the hospital presence, which was first piloted by West Justice with Mercy Health, in my electorate, where they were on the ground and could see, particularly, women at their most vulnerable and give them legal advice.

West Justice is also renowned in my community for introducing the lawyers and schools program across Melbourne's west, where lawyers actually attend the school and give advice to families and students. It has been game changing in my electorate. I want to finish by noting the advice that they've given around tolls and the trouble people can get into with those toll fines in Victoria and the efforts they are making there.

Bridget Archer (Bass, Liberal Party) Share this | Link to this | Hansard source

There being no further speakers, the debate is adjourned and the resumption of the debate will be made an order of the day for the next sitting.