Vulnerable families who need legal help with complex parenting, property, and contravention and enforcement proceedings, will be at risk should tomorrow's Federal Budget provide insufficient funding for Legal Aid NSW and other legal assistance services.
President of the Law Society of NSW Ronan MacSweeney expressed concern that the feared funding outcome for Legal Aid NSW in tomorrow's Federal Budget would lead to dramatic cuts to legal help for those who need it most and severely disrupt the efficiency in our courts.
"Legal aid commissions form an indispensable part of the nations' justice system, ensuring that the rule of law can extend to all Australians no matter their level of income, location or background," Mr MacSweeney said.
"The Law Society understands that should Legal Aid NSW not receive a much needed funding uplift in tomorrow's Federal Budget, it will be forced to severely limit its legal representation in family law matters, including not being able to provide legal aid to people in parenting matters unless they are an Aboriginal person or a victim of domestic and family violence."
Mr MacSweeney said while parties in these categories need this legal support, there are also other vulnerable and low-income people needing help in family law and they will be left to fend for themselves.
"We appreciate that the Federal Government is dealing with an unstable global environment affecting the world's economies. However, providing Legal Aid NSW and other legal assistance agencies with adequate resources to ensure fair and just outcomes for the most vulnerable people in NSW are fairer and safer, strengthens the rule of law and should be the core business of government," Mr MacSweeney said.
Mr MacSweeney urged the Commonwealth Government to rethink the National Access to Justice Partnership (NAJP) announced last year, which fell well short of providing the level of funding that Dr Warren Mundy recommended in his detailed independent review of the legal assistance sector.
"Demand for legal aid services is growing at a pace that outstrips government funding. Our courts are already under pressure, and continued lack of adequate resourcing for Legal Aid NSW for family law matters will adversely affect efficiency and effectiveness of the Federal Circuit and Family Court of Australia and vulnerable parties appearing before it," Mr MacSweeney said.
"In the interests of access to justice and the efficient operation of the justice system, the Law Society urges the Commonwealth government to provide the funding support Legal Aid NSW needs, to ensure people who are most in need can access vital family law services."
