Legal Aid cuts impact most vulnerable in Tasmanian community

The Law Society of Tasmania has renewed its call for increased State and
Commonwealth funding for the Legal Aid Commission in the wake of reports that
show the most vulnerable Tasmanians are suffering as a result of recent budget
cuts.

Law Society Vice President Anthony Mihal said the Society had received a number of
reports from members stating about a third of clients who would normally qualify
are being refused Legal Aid on the basis of a lack of funding.

“One such client has an intellectual disability and is at serious risk of imprisonment if
found guilty of charges of dishonesty,” Mr Mihal said.

“He has been assessed by a neuropsychologist as unfit to stand trial under the
Criminal Justice Mental Impairment Act and he is not capable of representing
himself in court.”

The lawyer representing the Launceston man, Evan Hughs said if this man can’t
secure Legal Aid funding, then the community should give up trying because in his
experience there isn’t a case more deserving of aid than a man who functions at the
level of an eight year old that is facing jail.

Mr Mihal said there are many other examples of clients with meritorious cases who
are facing jail time but who cannot afford to be represented by a lawyer and have
been refused legal aid.

“Private lawyers have been arranging adjournments for these clients and intend to
keep doing so until either the issue of funding is resolved or the client is forced to
represent him or herself,” he said.

“Adjournments mean delay and justice delayed, is justice denied. It also wastes
Court time and may ultimately burden the public purse more than the cost of
funding a lawyer to represent the person.

“The Law Society denounces any policy to cut legal aid funding including for
aboriginal legal services.”

The Legal Aid Commission of Tasmania is already facing a funding crisis and the
effects of the recent policy change by the Legal Aid Commission which were forced
by its dire budgetary position with the flow on effect being felt by the most
vulnerable Tasmanians.

“We call on both State and Commonwealth Governments to review the Legal Aid
system, with a view to using public funds more effectively,” Mr Mihal said.
Law Society Vice President Anthony Mihal, www.taslawsociety.asn.au