IVI
PRIME MINISTER
SPEECH BY THE PRIME MINISTER, THE HON P4J KEATING, MP
LAUNCH OF THE JUSTICE $ TATEMENT
BRISBANE 18 MAY 1995
Today it Is my privilege to launch the Commonwealth Government's Justice
Statement a $ 160 million program of reforms to improve our justice system and
make Australia a more equitable, democratic arnd just society.
It is another practical demonstration of the Commonwealth Govemmenfs belief
that Australia will be stronger and a better place In which to live if all Australians
are able to share In the benefits of this democracy and, equally, share a faith In
the ideas and values on which that democracy is built.
The Justice Statement outlineS action the Government will take right across the
legal system.-to reduce ctime, protect consumers, reinforce human rights, sImplify
legislation, improve legal aid serVices and make the resolution of disputes outside
the legal system a practical alternative to legal proceedings.
In launching this Statement today I will concentrate on some of the measures to
achieve our three main objectives for reform.
The first objective is to bring justice to people, not people to lawyers.
We want to help people resolve their problems before they get caught up in legal
action. Many Australians first encounter the legal system in the difficult and stressful
circumstances which almost invariably surround proceedings in Family Law.
We will substantially increase funding for those family support services that help
families through difficult times and, wherever possible, stay together.
With the right support, many families are able to resolve ' their problems without
legal intervention and its financial and emotional costs.
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In doing this, we will also enable the courts to deal more Promptly with those
cases which cannot be resolved by othor means.
In total, we will provide $ 54 million over four year* for the expansion of family
services throughout Australia: services which have been shown to help couples
enter reletionships witrn a oetter understanding of the oommitment they are
making, and families to work through protbleMS which May arise over the years.
We will doUble the iurnber or marriage and relationship courses, piovide a~ 50 pidl
cent Increase in family skills training, and " rate up to 20 new financial
Counselling services. The Family Court's counselling services will be increased
by 25 por oent andi more then 15,000 additional people each year will be assisted
by family mediation.
We will specifically extend these programs to assist families in regional and rural
a reas.
The Guvivinnint will also allocate an additional $ 2.4 million over tour years to
improve the way family support services deal with family violence. We know from
consultations with women in the communit that violence and fear of violence are
pr~ ority Issues.
One of the aims of the now funding will be to rind ways of preventing relationships
beomn violent. But Staff Will also be trained in the best methods of responding
to family violence, innClUdng the means by which they can help women who want
to leave a violent relationship, or people living In violent circumstances who want
the relationship to continue but the violence to stop.
Our strategy Is also geared to provide families with the means to resolve disputes
outside the formal proceose3 of the courts.
Aiternative proceses, such as mediation, have Increasingly proved to be
effective means of dealing with family breakdowns.
R'ecause mediation glvpq ppople a greater stay In Mhe dacdqlons whirh affism their
lives, the results are more likely to be acceptea and more likely to endure,
We will encourage the shift from litigation to mediation by increasing the numbier
of family mediators and funding the establshmient of new community mediation
services around Australia,
Alternative means, however, are sometimes inappropriate -for example, in
disputes where there is Inequality or bargaining between the parties or where
there Is a history of domestic violence, The Government will fund the Family
Court to train mediators and counsellors in ways which will -enable them to
recognise situations which demand resort to the legal system. r UZ/ V(
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As part of our objective to bring justice to the people we have developed ' Safer
Australia', a national strategy to reduce crime and build Safer communities.
Crime has debilitating, often devastating. effects on families and local
communities. It carries significant social and economic costs.
Although the State and Territory governments have primary responsibility for law
and order, the national government can play a role where it is appropriate to its
functions in the task of providing a secure environment for Australians.
We will continue working with the States and Territories on issues such as gun
control. We will tighten Australia's already stringent gun importation restrictions
and ban the importation of handguns that can be adapted to duplicate machine
guns. We will also provide $ 1.2 million over four years for community surveys to identify
problem areas and develop responses to reduce crime. We will support local
pilot projects which may make communities safer, such as improved lighting in
public areas and better safety and surveillance In car parks and public transport
centres. We will provide $ 2.8 million over four years to test local cdme reduction
measures that will have application elsewhere In Australia.
The second main objective of the Govemment's justice strategy is to ensure that
Australians have access to legal services which are affordable and responsive to
their needs and circumstances.
As a first step, the legal aid system will be reformed.
It was the Whitiamr Labor Government 20 years ago which first recognised the
Importance of comprehensive legal aid arrangements.
Through our funding of legal aid commissions and community legal centres, the
Commonwealth remains the major source of funding for community legal
assistance and the initiatives In the Statement reinforce that position.
But despite its level of financial contribution, the Commonwealth has had little say
in the distribution of the legal aid dollar.
This will change.
It is our view that the Commonwealth has an important role to play in ensuring
national consistency in the delivery of legal aid services. T1EL.: May. 95 22: 35 No. 022 P. 06/ U(
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Uniform eligibility criteria, Uhflhormf performance measures and best practice
principles will be developed to provide. as far as poSSie, equal acress to legal
aid, regardless of where people live.
An Australian 10901 Assistance Bonrd will be established to coordinate legal aid
planning and policy and increase access end equity.
We will also provide a total of $ 24 million over four years to Increase legal aid
. qprviceA~
At present there Is an Italance In legal aid funding. Criminal law cases currently
absorb the major proportiori of the budget. While the Government agrees that
anyone accused of a 6erious criminal matter needs legal representation, other
legal problems can have different, but equally -serous, consequences for the
people concerncd, For instance, women seeking protection from violence may
be in grave danger, and unemployed workers may faco eviction proceedings, and
yet not have access to legal assistan'ce.
Over the next four years, Thp Government will provide an 2dditional $ 16.8 million
to legal aid commissions to provide more ASSISncA In fgamily law and civil law
111tturs. Traditionally, legal aid has provided assistance for the most needy inOiw ui ty.
But many other Australians cannot afford private legal advice and representation.
Contingency fees offer one solution, Under thcso arrongements, in cases where
there Is a prospoct of an award of money, law~ yers provide their services with
payment contingent on a successful outcome.
But even when lawyers offer their services on a contingency basis, other uip-front
tfe ofteni have to be met by the client In order to take legal action, * Such as those
for expert witnesses arid medical reports. Those di.% buiserrierit costs can be
prohibitively expensive.
The Government will set up a $ 10.5 million National Disbursements Assistance
Fund to moot the up-front costs of litigation where lawyers are acting on a
contingency or no fee basis. These disbursements will only have to bo repaid if
the client wins the tAse.
WO knoQw tildt worirluriity legal centres are a cost effective and well-accepted
method of providingj help to thousands of Australians.
The centres are In touch with the needs of the local communities in which they
operate, and provide assistance on a varioty of legal issues, including credit
2dvice, family low, child support and social security matters. T1EL7:. May.' 95 22: 35 No. U22 IV. UL4/ u(
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This Statement Provides a doubling of funding for Community legal centres, with
an additional $ 30 mill ion over four years.
Nine new community legal services will be established in high growth urban and
regional locations.
In a major new initiative, the Government will establish the National Women's
Justice Strategy to redress the inequities women face In obtaining access to
justice, The strategy will be part of the expanded community legal centres program. Its
centrepiece will be a national network of women's legal centres,
At least one specialist women's legal centre will be established to servie the
needs of women in every State and Territory.
The centres will provide advice through an Australia-w~ de toll free telephone
service. The centres will also be given funding to cater for the needs of
Aboriginal and Torres Strait Islander women, the least well-served by the justice
system; and outreach services will be provided for women in rural and remote
areas. The third objective of the Government's justice strategy is to reform the legal
profession, courts and tribunals to make them more accountable and accessible.
Reducing the costs of legal services and promoting a greater consumer focus will
increase access to justice.
Competition reduces costs. And competition is coming to the legal profession.
Last month, the Commonwealth and the States reached an historic agreement on
the implementation of a national competition policy. The policy will apply to all
professions. It will ensure consumers in the legal market enjoy the same
protection as people in other sectors. Unnecessary regulation will be removed
and a more competitive and accountable legal profession created. Consumers
will have greater choice and lawyers will have greater flexibility to meet consumer
needs. Lawyers will benefit from these reforms through the creation of a genuine national
market in legal services so that qualified lawyers can practise freely anywhere In
Australia. But more needs to be done. ~ 05 00: 5 Wo 0F22 P. 05/ 07
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While the Commonwealth's constitutional power to regulate the legal profession is
limited, the Government will take action in areas that are within its power to
provide better services for consumers.
We will require lawyers acting In Federal matters to disclose to clients the likely
costs of legal action, and canvass with them the possibility of alternative
procedures. We will overhaul the fee scales that apply In Federal courts with a view to
developing a simpler structure and more accurate charging rates.
The Government will work with the States and the profession to accelerate
reform, but we will not hesitate to act if reforms are delayed.
If the States do not do so, we will legislate to permit contingency fees in Federal
matters, other than family and criminal law, and we will Introduce legislation to
permit advertising by lawyers.
The Government is also working to improve the operation of our courts and
tibunals. Justice Is not well served if people do not understand what happens in
our courts or have difficulty using them.
A t the Justice Forum held last year I expressed an interest in the creation of
charters for courts which would set out the standards of access and service which
people can expect In courts and how they might be treated,
I am pleased that the courts are keen to take up this idea, and we will be
supporting their Initiative with funding.
We will also provide funds to develop facilities in our courts which cater for the
needs of people with a disebility and people caring for children.
The Justice Statement also addresses deficiencies which have been Identified
within our courts, particularly in the Family Court,
Extra staff will be provided to the Family Court to deal with Its current backlog of
Cases and handle peak case loads. Additional funding will be provided to
increase Family Court services for Aboriginal and Torres Strait Islander people.
And we will fund an expansion of court translatino and interpreting ocrvices, to
etboth Indigenous peoples and people of non-English speaking backgrounds.
We will al~ so provide funding for professional development courses for judges,
focusing on Issues such as gender and cross-cultural awareness.
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This statement concerns Australian justice and the Australian people. it is 8
Justice statement and a comprehensive one but it goes much further than that.
It we can create a justice system which is simpler, cheaper and more accessible
we will extend our democracy and strengthen belief in it; we will increase respect
for our laws and the ideas and principles on which they are based. This Justice
Statement Is an Investment in Australian democracy.
It Is also an investment in the quality of Australian life. If we can reduce crime,
find solutions to domestic violence and family breakdowns, and mitigate the
trauma which accompanies these tragedies, Australian communities will be better
places In which to live and work and raise children,
That Is the bottom line of this justice statement-in the end our legal system is
much less about the traditions, -symbols and Institutions of the law grand as they
may be than it is about providing a safe and secure environment for all
Australians. There can scarcely be a better means of encouraging trust in the law and faith in
Australian democracy.