Thursday, 22 June 2023

Justice system

Katherine COPSEY (Southern Metropolitan) (17:25): (311) My adjournment this evening is for the Attorney-General. The courts system can be a daunting one. We have professionals who train for years and pass multiple exams in order to understand and practise law, and even then, speaking from my time as a lawyer, it is always still incredibly daunting to step into court. Given this level of preparation and the training needed to understand the law and how to navigate the court system, it seems absurd to expect unrepresented people to successfully navigate our legal system themselves, yet this is the situation that we have in Victoria.

The Productivity Commission found in their Access to Justice Arrangements report that there is a justice gap in Victoria. This gap happens when people who do not qualify for legal aid but also do not have the resources to instruct a lawyer privately come into contact with our justice system. People with disabilities, people who work part time, members of the LGBTQI+ community and people fleeing family violence are more likely than others to fall within this gap. This lack of access to justice means that people are more likely to plead guilty than face the financial barrier of instructing a lawyer.

It is also unreasonable to expect accused people to make their own defence case. When fighting a criminal charge, the accused faces a wealth of evidence, time, money and experience from the prosecution. Advocating for yourself in these circumstances is not feasible for many people, and there is a reason that we have legal professionals. It is reasonable and just that we give state support to people who come into contact with the system in these circumstances in order to ensure a fair and democratic process. We know that helping people to resolve their legal problems early and effectively means they are more likely to move on with their lives productively rather than stay or become entrenched in the system.

One thing which sticks out to me is that on the Victoria Legal Aid website it also states that funding is dependent on whether or not a court proceeding is likely to end well for you and whether it is in the interests of justice that a grant is provided. Frankly, it is always in the interests of justice that people have access to adequate legal representation. Adequately funded and readily available legal aid is fundamental to a functioning democratic legal system. Equity before the law is a guiding principle of the rule of law, and frankly representation also means that cases proceed more smoothly and ensures that our courts get less bogged down. Given the backlog across most courts, this is no small consideration at this time. On this basis I direct my adjournment to the Attorney-General and ask that the Attorney identify this justice gap, the missing middle which sees people left without legal representation, and act to ensure that funding is increased to rectify it.