The Senate Committee Inquiry on Legal Aid was established on the 17 September 1996. The terms of reference are:

          (1) The capacity of the Australian legal aid system to meet community demand for:

               (a) legal advice and information; and

               (b) representation and other advocacy services.

          (2) The respective responsibilities of the Commonwealth, State and Territory Governments
          and the profession in the provision of legal aid through Legal Aid Commissions and other
          agencies and mechanisms.

          (3) The implications for Commonwealth responsibility for legal assistance arising from:

               (a) its international obligations; and

               (b) its interests in achieving national equity and uniform access to justice across
               Australia.

          (4) The nature and level of legislative, organisational and administrative impediments
          (including court filing fees) to effective delivery of legal assistance.

          (5) The levels of disparity between the Commonwealth Government's payment of legal
          services it uses (both in-house and from private practice) and rates of payment to legal aid
          lawyers (both in-house and from private practice).

          (6) The relationship between the legal profession and Government in delivering legal
          assistance services and the role of the courts in minimising the costs of those services.

          (7) The equity implications arising from the current tax deductibility regime for
          legal expenses, including by the corporate sector.

          (8) The implications, if any, for the legal aid system that arise from the High Court Dietrich
          decision.

          (9) The capacity of the legal aid system, in the proposed funding arrangements,
          to provide for separate representation of children where such assistance is essential in
          the pursuit of  justice.
 

The committee has, so far,  released two reports, the second of these is hyperlinked below.

The Committee is still taking submissions and holding hearings. 


Take this link to the Senate Committee page for the Hansard of evidence given to the Legal and Constitutional Legislation Committee on the reference during March 1998 and before. Note:  Hansard is is pdf format and you will need an Adobe Acrobat Reader to access it. Take this link for information and the link to the download site.

For information about the inquiry and to make arrangements to lodge a submission, contact the Legal and Constitutional Legislation Committee Secretariat Parliament House, Canberra, ACT 2600 Ph: (02) 6277 3560 Fax: (02) 6277 5794

 Second Report Senate Committee Inquiry on Legal Aid, June 1997

1997/8 Budget

Background material

1996/7 Budget