Page 2950 - Week 11 - Thursday, 22 October 1992
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providing a free advice service on a voluntary basis, in addition to recognising government financial responsibility. In recognising those things, I think it is appropriate for us to call on the Law Society to assist this debate by providing ideas to the Standing Committee on Legal Affairs on how legal aid or assistance can be extended to assist those in need.
A question that I feel must be raised at this point is the composition of the commission. A good question to ask is: Why are two-thirds of the commission's membership private practitioners of the law? In no way do I denigrate the individuals involved or their contribution. Why are there no representatives from organisations more in tune with the general community serviced by Legal Aid, such as ACT law reform or community organisations such as the Salvation Army or somebody in addition to the representative from the ACT Council of Social Service, who is the only representative who fits that bill? How much would this situation exacerbate the problems currently being experienced by so many in our community? By definition, the clients are not the powerful, the articulate, the wealthy, the confident and the able. They are vulnerable people, often suffering social isolation or stigma. I find it hard to understand why this board does not comprise people chosen from those sectors of the community more closely in contact with the realities of the clients. Perhaps the Minister might consider expanding that board to fulfil that role.
I indicated earlier that legal aid can largely be attributed to the Labor Government in the Gough Whitlam era. The Labor Party now, with its policies purporting to increase equity and access, needs to ensure that Legal Aid does not contribute further to victimisation of those in need of empowerment and support by its failure to maintain the funding necessary to meet that need. Although it is not appropriate that we should look to other countries such as the United States of America for models - and I rarely do - I do find it interesting that many of our population believe that Australians enjoy the same rights as those expressed in almost every American TV cop show. I am sure that many of your children - and yours too, soon, Terry - will be able to recite the line, "You have the right to remain silent and you have the right to an attorney". I think it is very important to note that Americans perceive that they have a right to an attorney. I think many Australians suffer quite a shock when confronted with the fact that they do not have the same right.
In order for Legal Aid to justly represent those desperately needing assistance in battling with some power in a situation that could often affect them for the rest of their lives, I urge the Government to ensure that the Legal Aid Commission truly represents the community and has the funds to enable those most in need of that basic right to have a defence counsel in a court of law. I also urge that the Standing Committee on Legal Affairs continue to pursue with diligence this particular issue in the reference that they have in front of them.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (5.23): I would certainly endorse Mr Moore's last remark, that we hope that the Legal Affairs Committee can make some headway in looking at issues of costs in the legal system. It is a valuable reference.
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