George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

The way in which legal aid services are provided through the state and territory legal aid commissions is ultimately a matter for the state and territory legal aid commissions. The Commonwealth, as you know, is a principal contributor to the funding of state and territory legal aid commissions. You will rightly point out that even though the assets of an accused person, under this legislation, may be frozen or be unavailable—that is, the assets they claim to be their own personal assets—nevertheless they have the capacity to apply for funding through legal aid commissions.

When you suggest that these cases may go for years, certainly there will be some of the most serious character that may go for a considerable period of time. That would be very much an exceptional case. The best way for me to answer your question is to tell you that the manner in which legal aid is distributed and the priorities of this. You and I have debated this issue in different contexts in many fora over the years; you know my view that legal aid ought to be prioritised so that it goes to the neediest cases. There is not enough money in the system, unfortunately, because the needs and demands on legal aid and for legal aid assistance will always outstrip the amount of money that is available for prioritisation and the award of legal aid, in particular instances, is a matter for the state and territory legal aid commissions.