HIGHLIGHTS


Précis is a fortnightly publication providing a brief overview of the Law Council’s activities.


Précis is available to view online. For all enquiries about Précis,


including information on subscription, please contact


Michael Anderson on 02 6246 3725 or precis@lawcouncil.asn.au


Law Council appears before


Parliamentary Committee inquiring into Potential National Security Reforms


On 14 September 2012, Phillip Boulten SC of the Law Council’s National Criminal Law Liaison Committee appeared before the Parliamentary Joint Committee on Intelligence and Security (PJCIS) to give evidence in relation to its inquiry into potential reforms to national security laws.


On 20 August 2012, the Law Council made a submission to the inquiry which questioned whether such the potential expansion of powers for national security agencies was necessary in light of the extensive powers already available to these agencies to investigate and address threats to national security. It also questioned whether the introduction of these reforms constituted a proportionate response to the national security threats facing Australia, particularly given their intrusive impact on the rights of individuals.


The Law Council’s submission


focused on those reforms concerning the telecommunications interception and access regime under the


Telecommunications (Interception and Access) Act 1979 (Cth) and those reforms relating to the content, use and oversight of the special powers of the Australian Security Intelligence Organisation.


At the hearing, the Law Council was asked about the:


• proposal to extend interception and access powers to cloud computing and social networking sites;


• Law Council’s recommendation that there be a consistent privacy impact test in relation to all interception and access activities; and


• proposal to require communications providers to retain


telecommunications data for two years.


The PJCIS expects to report by the end of the year in relation to the inquiry. The Law Council thanks Mr Boulten for his assistance with the appearance before the inquiry.


Law Council welcomes legal assistance sector funding


The Law Council of Australia


welcomed the announcement by the Attorney-General, the Hon. Nicola Roxon MP, to boost funding for legal assistance services nationwide.


Law Council of Australia President, Ms Catherine Gale, said the allocation of $1.6 million in one-off funding for community legal centres and legal aid commissions is a small, but much needed injection of funds for legal assistance providers.


“Due to nearly 15 years of


underfunding, Community Legal Centre’s (CLCs) and Legal Aid


Commissions (LAC) have struggled to maintain basic services,” Ms Gale said.


Funding shortfalls have forced legal aid commissions in some jurisdictions to tighten eligibility for legal aid to such an extent, that many people who are living below the Henderson poverty line are unable to receive legal aid assistance.


“This lack of funding does not just aff ect disadvantaged Australians charged with criminal off ences - those most signifi cantly aff ected are hard working people who have fallen on diffi cult times, or low income earners


who require legal help that most Australians simply cannot aff ord,” Ms Gale said.


A recent report released by the National Association of Community Legal Centres (NACLC) noted there are substantial downstream savings in the delivery of justice of up to $18 for every dollar invested in the legal assistance sector.


This report refl ects fi ndings from PriceWaterhouseCoopers which estimated that, for every dollar invested in the legal assistance sector, there is a saving of $1.60 to $2.25 in the delivery of justice.


“The legal assistance sector


undoubtedly provides one of the best returns on investment from any Australian Government funded program,” Ms Gale said.


Since 1997 the Australian


Government’s contribution to Legal Aid Commission funding, compared to the states and territories, has fallen from 55 per cent to the present level of 35 per cent.


The Law Council has been calling on the Australian Government to restore funding to 50:50 with the states and territories by 2015.


Actuarial advice obtained by the Law Council indicates that to return Commonwealth per capita funding levels to 50 per cent, an additional $72.94 million increase is required in the 2012-13 fi nancial year, with further substantial increases in subsequent years.


“The Attorney-General’s funding announcement is a positive step forward for the legal assistance sector.


“The Law Council will continue to work with its Constituent Bodies to ensure this issue remains a priority for the Australian Government so that all Australians have access to legal advice and services, regardless of their means,” Ms Gale concluded.


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64