Page 3940 - Week 13 - Wednesday, 1 December 2021
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current thinking across Australian jurisdictions about the nature of the role of guardians who are appointed to act as substitute decision-makers for individuals deemed to lack decision-making capacity.
Another significant amendment is to the Legal Aid Act, which updates the exceptions to existing secrecy provisions. This government is committed to improving access to justice outcomes for vulnerable Canberrans through the provision of integrated, efficient and effective legal assistance services. The changes inserted by the bill today play an important role in furthering this goal.
Under the current secrecy provisions in the act, the Legal Aid Commission cannot disclose information concerning the affairs of a person, except in very limited circumstances. The secrecy provisions in the act are very important privacy protections for the commission’s clients.
However, they are no longer fit for purpose as they hinder the commission’s ability to operate efficiently and in accordance with reporting requirements under funding agreements. As such, the bill amends the existing exceptions to provide two new circumstances in which information or data can be disclosed.
The first new exception permits the disclosure of data or information to commonwealth entities for the purposes of complying with a national agreement regarding the provision of legal assistance services. This exception is needed to allow the commission to meet their reporting obligations under the National Legal Assistance Partnership Agreement. The National Legal Assistance Partnership Agreement is an important funding mechanism for both the commission and other community legal centres in the territory. By providing this exception, the commission, just like our community legal centres, will be able to meet their commitments under the agreement without compromising their funding and, in turn, their vital legal services.
The second exception will allow the Legal Aid Commission to disclose information or data to third-party entities for the purposes of conducting research relating to improving access to justice outcomes or the provision of legal assistance services. By facilitating the commission, through this amendment, to engage in national research projects, we have the potential to improve the accuracy of our data on legal need in the territory. In doing so, we will be able to identify areas of greatest need, adjust service delivery where necessary and make more-informed funding decisions that will keep the justice system accessible particularly for the most vulnerable and disadvantaged persons in our community.
I also want to take a moment to address the impact of the amendment on the right to privacy. The commission provides vital services to assist the community in asserting their legal rights, particularly persons who may be socially or economically disadvantaged. The government recognises that there is a reasonable expectation of privacy when a person engages the commission’s services. This is why I want to assure the Assembly the exceptions provided by these amendments have been carefully crafted to ensure any impacts on the right to privacy are reasonable and proportionate.
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