Lidia Thorpe (Victoria, Australian Greens) Share this | Link to this | Hansard source

My question is to the Minister representing the Attorney-General, Senator Watt. We are in a black deaths in custody crisis in this country. The Royal Commission into Aboriginal Deaths in Custody's recommendations clearly outline the importance of Aboriginal legal services and the need for adequate funding for those, as per recommendations 226(g) and 234. Instead, First Nations legal services are breaking under the demand they face, and some have had to shut down to cut their services due to underfunding. My question is: why aren't you funding Aboriginal legal services?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thank you, Senator Thorpe, for this important question. The short answer, Senator Thorpe, is that we are funding Aboriginal and Torres Strait Islander legal services. That's because we recognise the importance of funding those legal services as Aboriginal community controlled providers of culturally appropriate legal assistance services. As I think you are aware, the Attorney-General himself has very extensive experience, including in his pre-parliament career in working with those legal services, so I know that he is a strong believer in them.

On the funding that we're providing, we are of course continuing funding that already existed under the National Legal Assistance Partnership, which lasts until 2025. Over the life of the agreement, that partnership provides over $440 million over five years in baseline funding for Aboriginal and Torres Strait Islander legal services. Additionally, those legal services also receive over $11 million over five years in quarantined funding for the Justice Policy Partnership and expensive complex cases and coronial inquiries funding. There's additional funding that we're continuing outside of the partnership, particularly through the National Indigenous Australians Agency, which is providing over $48 million to legal services over a five year period. In fact our last budget, in October, provided $13.5 million over three years from 2022-23 in additional funding to Aboriginal and Torres Strait Islander legal services to provide culturally appropriate legal assistance for coronial processes and $1 million over three years from 2022-23 to build capacity and support leadership of the peak body for those legal services.

We recognise that there remain serious issues here, and it has been concerning to hear about service delivery freezes and closures across some of these legal services. Perhaps I can provide a bit more information about what we're doing on that front following your next question.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Thorpe, a supplementary question?

Lidia Thorpe (Victoria, Australian Greens) Share this | Link to this | Hansard source

Thank you for your response, Minister. The government claims to be closing the gap, but incarceration rates are going up. Without legal support it is certain many more of our people will be locked up. Why does your government want to lock up more of our people, which will inevitably lead to more deaths in custody?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thanks, Senator Thorpe. I think that is an unfair suggestion to make of the government—a government that is deeply committed to reducing Indigenous incarceration and deeply committed to closing the gap, including making sure that we have a Voice to Parliament to allow and provide First Nations people with an opportunity to provide their views to this parliament about these matters.

As I've said, the Attorney-General has been meeting with Aboriginal and Torres Strait Islander legal services for some time, and in those meetings he's heard directly about the positive impact that those legal services can have on Aboriginal people's lives, their families and their communities. As I say, we have been concerned to hear about service delivery freezes and closures across these services, and we understand that funding for the services must match the high demand for services both legal and non-legal. That's why we've commenced an independent review of the National Legal Assistance Partnership, which provides the bulk of these legal services' funding. That will start shortly and be completed by the end of the year. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Thorpe, second supplementary?

Lidia Thorpe (Victoria, Australian Greens) Share this | Link to this | Hansard source

The budget contains some funding for family violence prevention services for First Nations survivors of family, domestic and sexual violence. How much of this funding will actually go to Aboriginal legal services? I did give you the heads-up on this one.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thank you, Senator Thorpe. I wasn't going to reveal that you'd given us the heads-up, but thank you for doing so. I appreciate the opportunity to provide you with a decent answer, and I invite the opposition to give us a heads-up about any questions so that we can provide you with full and frank advice as well.

These are serious issues, obviously. As I was saying on the legal services matter, a review of the funding arrangements will start shortly and be completed by the end of the year. That will include an assessment of unmet legal need and demand among disadvantaged groups across regional, rural and remote Australia, and I have no doubt that it will look at some of the issues that you've been raising, including in relation to family and domestic violence. The review will also specifically look at options for alternative funding arrangements for these legal services. The Attorney-General's Department is working closely with states and territories to support the continued provision of frontline services to First Nations people, and I know that the Attorney-General is personally committed to this.

Sue Lines (President) Share this | Link to this | Hansard source

Minister, please resume your seat. Senator Thorpe?

Lidia Thorpe (Victoria, Australian Greens) Share this | Link to this | Hansard source

The question was: how much of the family violence money that was announced last night goes to Aboriginal legal services? So how much of that is going to Aboriginal legal services?

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator Thorpe. I'll direct the minister to that part of your question.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

I'm happy to come back on notice with the specific answer to that question, but the family violence prevention legal services in the Northern Territory also have an important role, and we want to make sure that they're adequately funded. (Time expired)