M2 - Learner Manual

23. Legal Aid

Legal Aid in Australia

There are eight legal aid commissions in Australia, one in each state and territory. The purpose of legal aid commissions is to provide vulnerable and disadvantaged Australians with access to justice.

Our society invests in a necessarily complex system of justice, a system of institutions - the courts, tribunals and other related agencies - to protect rights, ensure civil liberties and enforce civic responsibilities. If access to these institutions was reserved only for wealthy citizens, the confidence of the broader community in our system of justice would be undermined. Without a strong system of justice the rule of law would be compromised and without the rule of law we would not have the rights and liberties we all enjoy.

Our democratic society therefore depends on the premise that all Australians are equal before the law, a premise which needs to be understood in relation to the question of access. Legal aid commissions play a defining role in achieving equality before the law by striving to ensure that all citizens, including those who can't afford to pay, have access to the legal services they need to obtain justice.

Commissions provide access to justice by providing the following types of legal assistance:

financial assistance to enable people who cannot afford a lawyer to be legally represented in court proceedings and other cases;
duty lawyer services for people appearing at court on the day without a lawyer;
information and advice about legal rights, responsibilities and remedies, and
education programs to inform the community about the law and legal remedies.

State and Territory Legal Aid Commissions:

Sourced on 3/8/22: https://www.legalaidact.org.au/

Legal Aid NSW

Legal Aid NSW is a statewide organisation providing legal services to socially and economically disadvantaged people across NSW. We are the largest legal aid commission in Australia and employ over 1,300 staff. We deliver legal services in most areas of criminal, family and civil law. Find out more about our services.

Legal Aid NSW was established in 1979, when it was known as the Legal Services Commission, before becoming the Legal Aid Commission of NSW in 1987. The Legal Aid Commission was renamed Legal Aid NSW in 2006.

We provide legal services across NSW through a statewide network of 25 offices, two satellite offices and 243 regular outreach locations. We offer telephone advice through our free legal helpline LawAccess NSW.

We work in partnership with private lawyers who receive funding from Legal Aid NSW to represent legally aided clients. We also work closely with community legal centres, the Aboriginal Legal Service (NSW/ACT) and pro bono legal services. We strive to support clients and improve access to justice through initiatives such as the Cooperative Legal Service Delivery Program and by supporting and administering funding for the state’s 29 Women’s Domestic Violence Court Advocacy Services and 32 community legal centres. We collaborate with other agencies providing social and support services to disadvantaged and marginalised people, helping us deliver integrated services to address clients’ legal and non-legal needs.

Sourced on 3/8/22: https://www.legalaid.nsw.gov.au/about-us/who-we-are

Legal Aid NSW provides legal services to disadvantaged clients across NSW in most areas of criminal, family and civil law.

Legal Aid NSW also assists people experiencing domestic and family violence.

Our services include:

· free legal advice to disadvantaged people about issues that affect them. Call LawAccess NSW on 1300 888 529 to find out if you can get legal advice.

· legal representation for eligible clients, provided through duty services and case grants for ongoing representation

· family dispute resolution services to parties in a family law dispute

· free workshops and webinars for the public and community organisations

· free legal information written in plain English to help people resolve their legal problems

· specialist services for particular groups in the community.

We work in partnership with private lawyers who receive funding from Legal Aid NSW to represent our clients.

We administer funding for a range of community partnership programs.

We also take a broader role in identifying opportunities to improve access to justice for our most disadvantaged clients. We contribute to law and policy reform by writing submissions and policy papers on issues that affect our clients.

Sourced on 3/8/22: https://www.legalaid.nsw.gov.au/what-we-do