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PRIME MINISTER
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SPEECH BY THE PRIME MINISTER, THE HON P. J. KEATING, MP
OPENING THE JUSTICE FORUM, PARLIAMENT HOUSE, CANBERRA,
22 AUGUST 1994
Last October, the Government commissioned a major report on reform of our
legal system.
We did that because the Australian public was losing confidence in our legal
system.
We have in place a system of government that gives Australians access to
universal health care, quality education, improved training opportunities,
affordable child care, and a safety net of benefits and pensions.
But if we are to count ourselves as one of the world's truly great social
democracies we need to ensure Australians have appropriate access to their
legal system.
We asked the Access To Justice Committee, chaired by Ronald Sackville,
how to enhance access to justice and make the legal system fairer, more
efficient and more effective.
And that's just what the committee's done. It's an excellent report and for that
our thanks go to Ronald and his fellow committee members.
This Justice Forum is a very important part of the consultative process arising
out of the Access to Justice Report. And I very much see your attendance
here today as evidence that, like the Government, you want to see
Australians regain confidence in their legal system.
Later this year, we will take another important step down the reform path
when I deliver the Government's Justice Statement.
We are committed to access to justice and equality before the law. The
Statement will ensure that we put in place the sort of justice system
Australians expect and deserve.
One area where we can make a start is with the criminal law.
Over the course of this Labor Government, Australia has led the world in
designing laws to combat organised crime. But we have been let down by the
provisions of our criminal laws, which are fragmented and vary between the
States and Territories.
If we are to reduce the chances of criminals escaping justice by exploiting
technicalities in the law, if we are to ensure fairness and consistency, if we
are to reduce legal costs, we need a uniform, simplified and reformed criminal
law a Model Criminal Code that all Australians can understand.
I want to see the Commonwealth implement the Model Criminal Code well
before 2001 so that the States can have ample opportunity to have the Code
up and running on a national basis by the target date of 2001.
1 think it's also time to supplement traditional, reactive enforcement strategies
with a more sophisticated emphasis on prevention, and to deal more
effectively with the underlying causes of criminal behaviour.
And I applaud the recently announced intention of Premiers and Chief
Ministers to meet later this year to discuss a concerted approach to
combating crime.
Clearly, the Commonwealth is ideally placed to accept a leadership and
coordinating role in issues of such importance for all Australians.
That's why we have been directly involved with the States and Territories in
developing new policies on issues such as firearms and domestic violence,
which deal with anti-social activity at the community level.
Co-operation between governments, law enforcement agencies and the
community is the key to controlling crime.
The Commonwealth will continue to support consultative arrangements that
lead to effective national crime prevention programs. We will sponsor
research into the causes of crime and the development of appropriate
preventive strategies.
The aim is to build a safer Australia.
We will work in partnership with the States and Territories, the profession and
the judiciary to facilitate reform.
With my firm support, the Attorney-General and the Minister for Justice are
identifying the barriers to accessible justice and developing a major legal
reform package to make access to justice a reality for all Australians.
Let me say a few words about those areas where I think we can really make a
difference.
A major barrier to justice is its cost.
The cost of justice excludes most Australians from using a lawyer or the
courts to enforce or defend their rights.
That's not acceptable.
Freeing up the legal market is one way to reduce costs.
We are working with the States and Territories to reform the legal profession.
We want it to become more competitive, more accountable, and geared to the
needs of the people it serves.
Extending the Trade Practices Act to the professions under a national
competition policy would ensure that consumers and competitors in the legal
market enjoy the same protection available to people in other sectors.
Other reforms would make the legal services market more flexible.
Lifting restrictions on advertising would allow consumers the best possible
information on the services they need.
Improving regulations for the disclosure of fees and for the independent
assessment of costs would protect consumers.
The ability to opt for contingency fees would extend access to the legal
system. More difficult areas, such as opening up areas of work reserved to lawyers,
also need further examination.
The Council of Australian Governments will consider in February 1995 reform
proposals to make the profession more accountable and accessible than ever
before.
We are not talking about leaving the cost of justice purely to market forces.
Legal aid is another important factor in the cost equation.
An effective national legal aid scheme remains central to the Government's
social justice strategy.
As the major provider of legal aid funding, the Commonwealth has a clear
leadership role to play. We can and should influence the way legal aid
funding is directed.
Of course, it is vital that legal aid reform is achieved in a true partnership with
the other key players the States and the legal profession. Successful
reform depends as much on their contribution as on ours.
Proposals for contingency fee arrangements with private lawyers could meet
some of the need of middle Australia for legal assistance.
And litigation lending funds and legal expenses insurance also have a place
in giving Australians a fair go when they need legal assistance.
How we spend our legal aid dollars must also reflect our commitment to
equality before the law. We must ensure that, in practice, the legal system
delivers justice evenhandedly and does not enshrine inequality.
This means making concrete commitments to fix the inherent biases in the
system. Aboriginal and Torres Strait Islander peoples and people from non-English
speaking backgrounds face particular difficulties and fears when dealing with
our legal system.
They should have access to interpreters and information in a language they
understand and they should be dealt with in a culturally sensitive manner.
Cultural sensitivity also requires knowledge and training. The Government is
supporting cross-cultural training initiatives by the Australian Institutes of
Judicial Administration to promote this.
Women should have greater access to appropriate and affordable advice and
support about the legal problems that affect them.
And the specific problems faced by Aboriginal and Torres Strait Islander
women in gaining access to legal aid must also be addressed.
These reforms are fundamental if we are to ensure all Australians have
access to justice.
Every day in our courts people test their rights under the law. Matters that
have the potential to touch us all are often under dispute.
The establishment of important legal precedents, for example, in human
rights, consumer protection and environmental law must be supported.
Improving access to justice must also include reforms to the means we have
available for resolving disputes in short, more choice is needed.
While access to our courts must, of course, remain available to all, it is clear
that many cases would be better resolved without resort to expensive and
adversarial court action.
In family law, for example, the Government has begun a fundamental shift
away from litigation towards a simple and more affordable process of
mediation and counselling in appropriate cases.
We must work to expand alternatives to litigation, while ensuring that dispute
resolution remains just and fair.
Of course, reforms should also continue to be achieved in the courts. I am
very interested in proposals for the development of court charters which
would set out the courts' commitments to ' user-friendliness' and the delivery
of accessible justice.
Clearly, we all support the need for reform. And I think I can safely say that
we are all committed to rebuilding Australians' faith in their legal system.
I wish you well in your deliberations over the next two days and am pleased
to declare the Justice Forum open.