Victoria Legal Aid is struggling to meet demand for its services, its annual report has revealed, with fewer people likely to have access to assistance unless more funding is secured.
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Despite finishing the 2015-16 financial year $2.7 million in the black and managing to extend its services to 2.2 per cent more clients than in the previous 12 months, innovation and services executive director Peter Noble said increases in family violence and child protection cases meant VLA was “stretched to capacity”.
We've had to drive services away from early stage matters where people are coming into contact with the justice system for the first time
- Peter Noble
He said the organisation’s last major deficit led to a tightening of its eligibility guidelines, making it harder for people to qualify for assistance. The organisation was reviewing the means test, but even if a loosening of its criteria was recommended, it would not have the funds to help more people.
Instead, VLA was being compelled to direct funds to serious cases, in which clients were facing imprisonment.
“[That] means we've had to drive services away from early stage matters where people are coming into contact with the justice system for the first time,” he said.
Those missing out on government-funded legal services included family violence victims: less than 40 per cent of people applying to court for an intervention order are found a duty lawyer.
“We would like to make sure all parties in family violence proceedings are represented, because we think that’s when we can get the best outcomes,” Mr Noble said, adding he was “confident" the government took this issue seriously.
The organisation’s annual report follows the Victorian government’s Access to Justice review, released this month, which recognised front-line staff were stretched thin.
VLA recommended to the review it receive a $42 million boost from the state government and another $30 million from Canberra in order to meet demand.
The report also found Victorians at risk of involuntary psychiatric treatment are not receiving the legal assistance that could see them avoid unnecessary procedures.
Just 15 per cent of those being compelled to undergo treatment were granted legal aid in the last financial year and of the 128 occasions someone was being considered for electro-convulsive treatment, just one-quarter were represented by a lawyer.
But in NSW, more than three-quarters of people headed for involuntary care were represented.
Mr Noble said Victoria was still acclimatising to its new mental health act, instituted in 2014.
“We’ve been through somewhat of a revolution,” he said. “To the government’s credit, they're beginning to resource that, but it's only the beginning.”
