Senate debates

Tuesday, 26 March 2024

Questions without Notice

Legal Aid

2:42 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

My question is for the Minister representing the Attorney-General. Aboriginal and Torres Strait Islander legal services funding is still stretched to breaking point. There are just 15 months to go until the current funding agreement expires. First Nations legal staff advised the government about needing $229 million in emergency funding to address staff recruitment, retention and urgent capital works. Will the government deliver this funding in the May budget?

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

Thank you, Senator Thorpe. Obviously, I'm not in a position to disclose announcements that the government may make in the context of this year's budget. Sitting this close to the Minister for Finance, it would be very dangerous to reveal those kinds of things! But certainly the government does acknowledge that there are some very real issues around legal aid funding, including to Aboriginal legal services in the way that you've described.

As I understand it, the Attorney-General has commenced a review surrounding these issues. No doubt, once that review is completed, he will be in a position to say more about that, but what we are doing in the meantime is fulfilling an election commitment by designing and implementing the National Justice Reinvestment Program, which will provide $79 million to support community-led justice reinvestment initiatives. The government opened applications for the National Justice Reinvestment Program and the Justice Reinvestment in Central Australia Program in September 2023. In the first cycle—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Minister, please resume your seat. Senator Thorpe?

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

The point of order is on relevance. I wasn't asking about the non-reinvestment of the reinvestment, because it's not reinvestment.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, you need to make your point of order.

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

Can we stick to what the question is? That is: are you going to fund these legal services, or are you just going to talk the crap that you always do?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, withdraw that comment, please.

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

I withdraw.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

The minister is being relevant. He has spoken about the budget. I'll give him the call again.

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

Senator Thorpe, I have answered your questions by saying that we're not in a position to describe what will be included in this year's budget, whether it be in this space or any other space. We understand there are some very real issues in this area, and that is why we are undertaking this action. In the first cycle of the Justice Reinvestment Program, nine initiatives have been selected for funding, and applications remain open year-round. We are clearly committed to this by having already put in place $79 million to support those community-led justice reinvestment initiatives.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, first supplementary?

2:45 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

The Attorney-General commissioned an independent review, as you say, of the National Legal Assistance Partnership, which he received several weeks ago but has not published, despite calls from stakeholders and the Aboriginal and Torres Strait Islander Legal Service. Why is the government withholding vital information from the sector that they are supposed to be working in genuine partnership with? What are you hiding?

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

I don't think it is fair to accuse the Attorney-General of hiding a report that he only received three weeks ago. It's understandable that he and the government more broadly would take a little bit of time to consider the recommendations of that review before either releasing it or announcing what our response to that review will be.

The Albanese government recognises the pressures that these services are under, and we also recognise the importance of strengthening the legal assistance sector. We recognise that legal assistance is essential to ensuring access to justice and equality before the law for all Australians, including our First Australians. That's exactly why the Attorney-General commissioned the review of the National Legal Assistance Partnership between the Commonwealth and all states and territories. This review report was received on 5 March, and it's now being considered by federal, state and territory attorneys-general.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, second supplementary?

2:46 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

That's not a partnership. Will the government commit to releasing the report before the end of this week to show that they are willing to work in genuine partnership, not just pay lip service, with Aboriginal and Torres Strait Islander legal services?

2:47 pm

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

It's obviously a matter for the Attorney-General to determine whether he will release this report and, if so, when that will occur. I'm not going to commit another minister to releasing a report by the end of this week, but the mere fact the Attorney-General has commissioned this independent review of the National Legal Assistance Partnership shows good faith on his part and shows that the Albanese government understands the pressures that Aboriginal legal services are under.

If my recollection serves me correctly, the Attorney-General himself has worked in Aboriginal legal services in the past.

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

Cry me a river!

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

Well, I think that's actually—

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

Has he got an Aboriginal friend too?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, order.

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

I think the fact the Attorney-General has taken the time in his career to work in Aboriginal legal services does demonstrate that he believes in them and supports them, and that's the practice he's continuing now as the Commonwealth Attorney-General.

Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

You're not our friends. You're killing us. Shame on you.