The Law Council of Australia is pleased to see its long-standing call for a Commonwealth Parole Board recognised in tonight's Federal Budget, but is disappointed the Commonwealth has failed to ensure the sustainability of the vital legal aid services provided by private practitioners that underpin access to justice in this country.
"We commend the Federal Government for the support it had previously announced under the new National Access to Justice Partnership, and we recognise the important funding announcements tonight for the establishment of a Commonwealth Parole Board and to extend specialist trauma informed sexual assault legal services pilots," Law Council of Australia President, Juliana Warner said.
"However, the Law Council remains concerned that a vital pillar of access to justice in this country remains overlooked.
"What is still missing is additional funding to ensure the thousands of private practitioners who provide legal aid do not have to walk away from providing this service because it is simply unviable.
"Around 72 per cent of legal aid approved matters are assigned to private practitioners. Each year, these practitioners are delivering more than 100,000 cases to assist Australians in times of crisis and distress.
"The vast majority of law firms in this country are small businesses. It is these small businesses – particularly in rural, regional and remote (RRR) areas – that most often deliver legal aid and ensure that people in need have somewhere to turn when they are seeking access to justice. They are the lifeblood of justice in Australia.
"As we know from the recently released National Legal Aid Private Practitioner Census, these small businesses are at breaking point and tonight's Budget was a critical moment for many hoping that fairer legal aid grants funding – as recommended in a recent independent review commissioned by the Government – would finally be delivered.
"In some cases, the payments lawyers receive for legal aid work have not changed in 10 years and are around three times less than what they can earn privately. Private practitioners are still choosing to provide this vital service, but at great personal cost and at the expense of their small business's viability.
"The Private Practitioner Census found that a third of private lawyers are having to contemplate doing less legal aid work in the next five years – if they can even continue to provide legal aid at all.
"National Legal Aid has warned that a crisis is looming and that in just five years, by 2030, Australia's legal aid system could collapse. Tonight's Budget was an opportunity to turn the ship around before it is too late. Unfortunately, it was an opportunity which was missed.
"Despite the inaction on these issues in the Budget tonight, the upcoming Federal Election is another important opportunity for those seeking to be our elected representatives to commit to addressing this looming crisis and ensure that legal help will be there for those who need it," Ms Warner said.
The Law Council has had a long-standing position supporting the establishment of a Commonwealth Parole Board and welcomes the Government's announcement that it will provide $28.3 million over four years from 2025–26, and $7.3 million per year ongoing, for this purpose.
"Currently, once a federal offender is sentenced, responsibility for determining parole shifts to the executive branch of the government. The Law Council strongly supports taking the politics out of parole." Ms Warner said.
"The establishment of a Commonwealth Parole Board will help to protect the right of incarcerated individuals to have their application for liberty considered in a transparent and accountable manner and address the risk of perceived political interference in parole decisions.
"The successful functioning of a Commonwealth Parole Board will be determined by the extent to which the final model is underpinned by four key design principles—independence, transparency, procedural fairness, and accountability."
Other welcome measures include:
• $21.4 million over three years from 2025–26 to improve victim and survivor engagement in the justice system and inform the response to the Australian Law Reform Commission's (ALRC) Inquiry into the Justice System's Response to Sexual Violence. Funding includes:
o $19.6 million over three years from 2025–26 to extend three specialist trauma informed sexual assault legal services pilots in Victoria, WA and the ACT, expand the pilots nationally and trial additional non-legal support services;
o $1.2 million over two years from 2025–26 to extend the ALRC's lived experience Advisory Group for one year to advise on implementation of the ALRC's report and support stakeholder engagement; and
o $0.6 million in 2025–26 for research into systemic issues and other matters arising from the ALRC's inquiry, including a mechanism to seek review of police decisions not to pursue charges.
• $1.6 million in 2025–26 to the Attorney-General's Department to continue law and justice capacity building in the Pacific.
• $1.0 million in 2025–26 to Attorney-General's Department to provide grants for community‑based projects to prevent modern slavery.
