2015-12-09
Ms PENNICUIK (Southern Metropolitan) — My adjournment matter is for the Attorney-General and concerns Victoria Legal Aid and the recent PricewaterhouseCoopers report on the services delivery model that is used by Victoria Legal Aid to engage criminal and family law practitioners to deliver legal assistance services. That report was made in the context of significant cuts to grants of legal aid over the past five years, while the demand for legal assistance has been growing. The number of criminal matters at court has increased by 29 per cent in that time, and the number of self-represented litigants is also increasing.
The report is very valuable in highlighting the reforms needed and those worthy of exploration to ensure that limited legal aid funds are distributed in the most effective manner. Key aspects of the report include the need for VLA to provide data showing the relative, if not actual, costs of using in-house lawyers as opposed to private practitioners, monitoring access to legal aid practitioners, providing for regular and independent reviews of the fee structures for solicitors and barristers on the panels, investigating a self-representative litigant service and exploring different procurement models for using legal services from private practitioners.
Significantly the report highlights the need for the VLA to consult more with the Law Institute of Victoria, the Victorian Bar and other key stakeholders, particularly in relation to the eligibility guidelines for legal aid as well as the other aspects of its service delivery. Reference was made to Legal Aid New South Wales having a range of key organisations on its board such as the Law Society of New South Wales, the New South Wales Bar Association, welfare groups and a representative from the community legal sector. Representatives from the law society and bar association also sit on the selection committee for private practitioner panels.
While the report also suggests that consideration be given to adopting a reference group for consultation with the legal profession by the VLA board, the Victorian Bar Association has called for a further review of the governance model of the VLA and notes that unlike the board of Legal Aid New South Wales, the board of the VLA does not include any representative with practical criminal trial and/or appellate court experience. I am of the understanding that the recommendations of the report will feed into the government's Access to Justice review, which was announced in October and which the Greens welcome.
However, my request of the Attorney-General is that he advise whether this particular issue of the governance of and the representation on the VLA board will be part of that review or whether the government will itself review the governance model of the VLA with particular reference to the model of the board of Legal Aid New South Wales.
REPLY: 9 February 2016
I note the Law Institute of Victoria's release of the 'Criminal and Family Law Private Practitioner Service Delivery Model' report (the Report), prepared by PricewaterhouseCoopers (PwC), included a recommendation for Victoria Legal Aid (VLA) to consider adopting consultative arrangements that ensure stronger representation of the Law Institute of Victoria and Victorian Bar.
Overall, the Report and its findings will be considered in the government's Access to Justice Review (the Review) which is scheduled to be concluded by my department before 22 August 2016.
The composition of the VLA Board is currently governed by the Legal Aid Act 1978 (Vic). The governance model of and the representation on the VLA Board will not be considered within the review, which is aimed at reducing the barriers to dispute resolution and improving access to legal assistance services. Under the review, the Andrews Labor Government will seek new measures to boost vulnerable Victorians' access to justice while making it cheaper and quicker to resolve everyday legal disputes.