NCJ Number
72480
Date Published
1979
Length
34 pages
Annotation
Legal aid services available in Australia are identified, together with the obstacles to the provision of such services and the possibilities for further services.
Abstract
The situation in Australia with regard to poverty and the limited access to justice for the poor are indicated, with special attention to Aboriginals and migrants. Barriers to access to justice are outlined, including the psychological and territorial barriers, and geographical and monetary impediments to access to the courts are highlighted. The constitutional requirements and the means of providing legal aid to the Australian people are examined. Discussion then turns to Law Societies, agencies through which legal assistance is offered. The structure of Law Society schemes is put forth, together with descriptions of the range of assistance available, determinations of eligibility, procedures, and financial arrangements. The creation of State Legal Aid Commissions to coordinate all forms of legal aid provided within the State and to receive grants from the Commonwealth Government is documented, as is the Commonwealth Legal Aid Commission Act. The functioning of the Law Society schemes is then evaluated, with comments on the limits on accessibility to such schemes, the limited range of services offered, and problems with eligibility requirements. Attention is given to salaried legal services, which include the Aboriginal Legal Services and the Public Solicitor in New South Wales. Consideration is also given to such other legal services as voluntary legal services and Chamber Magistrates who provide free advice and referrals. Concluding remarks point to the forthcoming coordination of a State-by-State approach to legal aid, the need to resolve the controversy over commissions, the need for cost comparisons of private or public practitioners, and exploration of other means of access than legal aid. Also provided are 69 notes or references.