Page 1998 - Week 07 - Thursday, 17 June 1993
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Mr Deputy Speaker, some of the comments that were made by these groups identify the significant disadvantage which is experienced by a great many people in the ACT as regards their access to justice. The report states:
... the Welfare Rights and Legal Centre ... argued that poor people do not gain access, not only because of the lack of funds but also because they are intimidated by a system which they do not understand, which they do not perceive as serving their needs and because they are not aware of the services which are available to them ...
The Centre further stated that:
In our opinion it is difficult to say that any group is advantaged in our legal system. The costs of undertaking any sustained legal action are now prohibitive. Of course many people do access the legal system to obtain basic advice and to have simple procedures carried out for example conveyancing. However, for most people, even relatively well off people, engaging in anything more than a limited legal action is not possible. It is our opinion that whether one can gain adequate representation within the legal system at an affordable price is largely a matter of luck.
... ... ...
ACTCOSS ... stated that, of those who the Council came in contact with, the unemployed were the most disadvantaged of all. This was because the Legal Aid guidelines gave weight to the possibility of loss of employment in consideration of granting aid. This created the anomaly of punishing the person who has no job to lose. In addition, migrants were disadvantaged due to language difficulties.
According to the ACT Legal Aid Commission Canberrans were disadvantaged ... This disadvantage took the following forms:
(a) cultural (including communication);
(b) financial;
(c) intellectual (including mental illness);
(d) sexual; and
(e) being under 18 years of age.
The Legal Aid Commission saw advantage in the existing legal system in the following forms:
(a) financial (including corporate status);
(b) taxation deductibility; and
(c) the converse of (a)-(e) above.
The report goes on:
The Conflict Resolution Service identified the advantaged groups as those with the funds (public or private), good language ability and those who are used to and comfortable with the legal system.
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