Tag Archive: funding crisis

  1. Star Mail: $800 million legal assistance funding welcomed by ECLC

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    13/09/2024

    By Mikayla van Loon

    ECLC chief executive officer Michael Smith with Attorney-General Mark Dreyfus KC at the ECLCs 50th birthday celebration in May. (Supplied)
    ECLC chief executive officer Michael Smith with Attorney-General Mark Dreyfus KC at the ECLCs 50th birthday celebration in May. (Supplied)

    An $800 million legal assistance package has come as a welcomed announcement from the Federal Government after months of advocacy from community legal centres.

    The funding shortfall experienced by the community legal sector, who have been regarded as the quiet frontline workers in the family violence response, was reaching dire levels, with people being turned away from support.

    Eastern Community Legal Centre (ECLC) chief executive officer Michael Smith said when around 75 per cent of his team’s resources, time and effort goes to supporting people navigating family violence, the acknowledgement of that work was reassuring.

    “It’s a huge problem across eastern Melbourne, it’s a huge issue in the Yarra Ranges,” he said.

    “So much of our time and effort goes into responding to family violence, whether it’s through the intervention work in the courts, or whether it’s through prevention programs or early intervention programs but often people don’t understand how important that legal support is.

    “For the Prime Minister, National Cabinet and the Attorney General to talk about uplifting legal services responding to gender based violence is really critical.”

    The multi-million dollar package will be delivered over five years from July 2025, with the final details of what that will look like for each service still to be decided.

    It was announced at National Cabinet on Friday 6 September as part of the total $4.7 billion package designed to respond to the national crisis of family, domestic and sexual violence and support legal assistance.

    Of the total package, the Federal Government will put $3.9 billion towards supporting frontline legal assistance services to be delivered through a new partnership agreement with the states and territories.

    Renaming the assistance program, the newly created National Access to Justice Partnership will replace the National Legal Assistance Partnership (NLAP) due to expire on 30 June 2025.

    Mr Smith said the ideal outcome for ECLC would be to use the extra funding to expand the wraparound team which supports people who have experienced family violence.

    That would include the growth in the number of community lawyers, family violence advocates and financial counsellors.

    The announcement also allowed for “improvements in indexation” to ensure the underpayment of staff was dismantled and achieved an equal outcome for all in the legal assistance sector.

    “The fact [that the government is] prepared to respond to those structural issues as well just shows a really strategic approach,” Mr Smith said.

    “It’s not all about service delivery, it’s about making sure the organisation is sustainable and looks after its people as well. So that’s really pleasing too that the government understands that, it’s really encouraging.”

    The community legal sector had been calling for an increased budget spend in May but were disappointed in the allocation of funds.

    Mr Smith said since then, talks with Attorney General Mark Dreyfus, both directly at events and at ECLCs offices, as well as indirectly through community legal advocacy bodies, had been extremely positive.

    “The Attorney General Mark Dreyfus has been here a number of times, but he’s been to community legal centres across the country, and he’s been a really strong advocate to take this forward too.

    “So I think he’s done a really impressive job in terms of actually arguing that, both locally here, but also to take that message back to Canberra to his colleagues.”

    In the joint announcement with Prime Minister Anthony Albanese, Mr Dreyfus said funding was critical to ensure “essential frontline services” continue operating to help the most vulnerable.

    “I have spent decades fighting for a better deal for the legal assistance sector. Legal assistance is essential to ensuring access to justice and equality before the law for all Australians, and safety for victims and survivors of family, domestic and sexual violence,” Mr Dryefus said.

    “I thank the many workers on the frontline who have been tireless advocates for the sector and for the rights of the thousands of Australians who rely on them every year.”

    Mr Smith said ECLC had previously been on the receiving end of Mr Dreyfus’ determination to fund legal services, with the Healesville office being made possible the last time he held the position of Attorney General over 10 years ago.

    To have received this funding news now, Mr Smith said he was “very pleasantly surprised” because it was not expected this early.

    “We were concerned we would have to wait because the national agreement doesn’t start until July next year.

    “People were really worried we might not hear anything until December and there’s a few state elections coming up too, then if we go into next year, there’s going to be a federal election, and then there’ll be the main budget.

    “Technically our contract only runs to June next year, and after that, there was no certainty whatsoever.”

    Mr Smith said an announcement of this significance would give staff and community legal centres across the country confidence heading into 2025 that funding will at least remain stable until the new partnership agreement is instated.

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  2. Star Mail: Thousands turned away from legal support as funding stagnates

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    By Mikayla van Loon

    Turning people away from accessing essential legal support has become the reality for community legal services in the outer east as funding hasn’t kept pace with demand.

    After a decade of minimal funding increases, community legal services are urging the Federal Government to make some significant changes in the upcoming budget.

    Eastern Community Legal Centre (ECLC) chief executive officer Michael Smith said funding has always been a struggle for community legal services but recent years have proved the most challenging.

    “The funding Eastern Community Legal Centre is getting from the Federal Government hasn’t really changed in about 10 years,” he said.

    “We’re not really getting indexation and nothing’s matched the growth in the issues we’re seeing from the community.”

    Mr Smith said Community Legal Centres Australia has put forward a minimum of a $124 million increase to current funding, a figure he believes would accommodate the growing demand of services.

    “We would have hoped that our funding from the Federal Government would double. We’re only getting about $600,000 from their federal money.

    “So we’d hope they would double the money for our core work. It wouldn’t be a lot of money for them but it’ll be a huge change for us.”

    The shortfall impact has meant ECLC has had to turn away hundreds, if not thousands, of people every year due to a lack of staff capacity.

    “We’ve just got huge demand across our services. A lot of our work is in family violence. We’re helping women in particular, who are desperate for assistance with legal help for things like intervention orders, sometimes family law and children’s issues,” Mr Smith said.

    “We’re helping people with infringements and local law issues, people with employment issues and a whole range of other things too but we’re having to turn people away because we haven’t got capacity with our staff.”

    Last year, Mr Smith said some contract staff members had to be put off, yet again reducing the ability to help provide legal support to those who need it.

    “It’s stressful for the team and it’s stressful for the clients who we really want to help. We have a fantastic intake team that takes the call, tries to prioritise which clients should get the help from our staff and which clients might be referred somewhere else.

    “So when they have to tell people we can’t give them an appointment with a lawyer that they really need because we haven’t got the capacity, that’s pretty tough.”

    Mr Smith said an example of the funding models needing to be more flexible and adaptable has been post the 2021 storms that hit the Yarra Ranges and the most recent storm event this year.

    “When the storms happened in 2021, we did eventually get some funding to provide some more support around the storm’s work and that funding ran for two years so it has just run out.

    “The staff we had with the extra money for that storm response in the Dandenong Ranges, their funding has just finished. We will be able to adapt to respond with the limited resources we have but if the demand is large, it’s going to be hard to meet that.

    “It does show that the funding models need to adapt to have more flexibility and agility because if a big event happens, you can’t wait months for the government to get its act together before you put the extra resources on the ground.

    “So we’ll always respond straight away but it is hard when your funding is not very flexible.”

    The demand post the February storms has been “fairly limited so far” for ECLC but Mr Smith said sometimes it does take time for people to understand the legal needs they may have, especially when it comes to insurance.

    While ECLC hasn’t experienced this yet, Mr Smith said other organisations and people on the ground have heard of many cases of family violence post storms as well, meaning more people may inquire about legal help.

    “We know from previous experience with the storms in the Yarra Ranges about two years ago, that’s an issue and even back to the bushfires of 2009,” he said.

    “We know when these major disasters happen, it affects families in lots of complex ways and things like family violence can get a lot worse in those situations, too.

    “Sadly, about 80 per cent of our staff’s work is related to family violence but it does continue to rise when these things happen.”

    Pushing for increased funding, Mr Smith said, is not only about the immediacy of helping people now but in the long term as more and more people seek support.

    “This is really, really urgent, and we need to make the community aware of how important this is.

    “I think people often aren’t aware of what their community legal centres are doing and then also, they don’t recognise their need for legal help until they really need it.”

    The National Legal Assistance Partnership (NLAP) review currently sits with the Attorney General in the lead up to the May budget and the adoption of a new NLAP in June 2025.

    Anyone requiring legal assistance for storm recovery can find information here, eclc.org.au/wp-content/uploads/Disaster-Recovery-Legal-Help.pdf

    You can read the original article here