Victorian Legal Assistance Strategy 2022-2025

Women represent over half of Victoria’s population, with approximate half of those women living outside Greater Melbourne.  Women have varying intersecting experiences and vulnerabilities across the following priority areas.

The LGBTIQ+ community experience specific legal issues that relate to their identity and status. The specific areas of legal need include discrimination, assault and harassment, end-of-life planning, medical treatment and administrative issues for example changing identity documentation.

The Victorian Government is supporting the LGBTIQ+ community through funding a dedicated community legal centre to provide gender specific legal services recognising the unique intersecting experiences and vulnerabilities across the following priority areas.

Family violence continues to be the number one justice issue in Victoria.  Legal assistance for both victim-survivors and perpetrators is an integral part of the family violence support system. It provides both advice on legal matters and a gateway to other social support services.

Family violence intersects with other justice and social systems including family law, child protection, the criminal justice system, mental health and housing. A holistic and multi-disciplinary response is required to provide a wrap-around service to better support the client.

Victoria is committed to ensuring that family violence legal assistance is effectively embedded and integrated across the sector. Both Victoria and the Commonwealth provide significant funding to be directed to frontline service delivery of legal assistance to support people at risk of or experiencing family violence. However, much remains to be done in responding to family violence and seeking to safeguard affected people.

Recognising the historic work in Victoria to acknowledge the injustices perpetrated by the state against Aboriginal people, the sector needs to ensure that Aboriginal people have the means to exercise self-determination when interacting with legal systems. Similarly, it is important services which support the legal needs of First Nations people are able to build strong local partnerships and deliver culturally safe and appropriate services.

The Aboriginal Legal Assistance Strategy will direct activity relating to First Nations people, noting that this strategy will also include actions for the sector which are undertaken to improve services for Aboriginal people.

As recognised by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, access to justice for people with disability is critical to obtaining equality.  Legal Assistance can enable people with disability to exercise their rights, participate in legal processes, appropriately challenge decisions affecting their lives and agency, and seek better outcomes.

The Royal Commission into Victoria’s Mental Health System showcased the relationship between legal need and mental health illness being bidirectional, meaning not only do legal problems cause and exacerbate mental health issues, but people experiencing mental health issues are significantly more likely to experience legal problems.

Access to legal assistance is crucial for people whose legal issues are linked to their experience of mental health. The sector knows that many vulnerable Victorians experience a mental health condition, and this compounds existing disadvantage. Strong health justice partnerships are critical to produce better outcomes for Victorians experiencing disadvantage and mental health issues.

There is significant change in legal need and increased vulnerability resulting from extreme weather events. People living more remotely are particularly affected by climate change and the effects of extreme weather events, due to the lack of available services and the need for a surge response that may be delayed by distance. Extreme weather events are becoming more frequent, with the United Nations Office for Disaster Risk Reduction recognises climate change is an underlying driver of disaster risk. Climate change can increase disaster risk in a variety of ways, including by altering the frequency and intensity of natural hazards, affecting vulnerability to natural hazards, and changing exposure patterns. To ensure our sector is capable of responding in the immediate aftermath and during the recovery period (often for many years after the event), there is a need to invest in preparation. Critical legal information, advice and assistance before an event can reduce its impact. Disaster Legal Help is an example of a collaborative model that is responding to natural disasters and climate change impacts.

Many intersecting factors contribute to the prevalence of legal need. One key factor is persistent and entrenched disadvantage. The Dropping off the Edge 2021 Report (DOTE Report) (External link) has identified locations across Australia in which complex and entrenched disadvantage is experienced.

The report analysis indicators to identify disadvantage such as low-income levels, low education levels and unemployment. It also includes complex indicators such as intergenerational disadvantage, environment and community safety.

The map of Victoria (Figure 1) provides a ‘heat map’ of the areas across Victoria that are experiencing greatest disadvantage, with areas of strongest disadvantage highlighted across Greater Melbourne (Figure 2).

Figure 1: Heat map of disadvantage across Victoria

Figure 2: Heat map of disadvantage across Greater Melbourne

The DOTE Report noted that “disadvantage in Victoria tends to be in regional locations, but the extremes of disadvantage tend to be in Greater Melbourne”.

As may be seen, generally the most significant areas of disadvantage are those areas at greatest distance from Greater Melbourne, and communities in Melbourne’s significant growth corridors. The DOTE Report found significant disadvantage spanning Victoria, and identifies the following top five locations for regional and Greater Melbourne as locations of high entrenched disadvantage:

As outlined in Appendix B, Commonwealth baseline funding has not increased over the past 5 years. It is recognised that the Commonwealth has increased overall funding in response to areas of special need such mental health supports and enhanced services to vulnerable women. However, these increases in funding are for specific purposes and only service providers that deliver these specialised services benefit from targeted increases in funding. An increase in ongoing baseline funding will enable the sector to support the increasing need across Victoria to better support priority groups.

The Victorian government continues to support early intervention programs, recognising the need to help people before they become further involved in the justice system.

The locations of disadvantage highlighted in the DOTE Report are confirmed by the Law and Justice Foundation of New South Wales (LJF) in its collaborative service planning resources.  Some variation occurs due to different factors being included in the respective analyses but overall there is consistency across both approaches.

The LJF developed the concept of the ‘Need for Legal Assistance Services’ (NLAS) indicator  that estimate the number of people in a geographic area likely to require legal assistance if they were to experience a problem.

Key contributors to the NLAS indicator include the level of disadvantage clustered in certain areas. The definition of people with a high NLAS capability indicator are people:

• aged 15 – 64 years
• with a personal income of less than $26,000 per year, and
• whose highest education attainment is Year 12 for ages 15 – 39, Year 11 for ages 40 - 49, and Year 10 for ages 50 – 64, who are not currently studying and do not have post-school qualification.

The top 10 local government areas in Victoria identified by the LJF to have a high NLAS indicator are as follows:

• Casey
• Hume
• Brimbank
• Whittlesea
• Wyndham
• Melton
• Frankston
• Greater Dandenong
• Greater Geelong
• Moreland

Whilst most are located within Greater Melbourne in the high growth corridors, the NLAS does not take into account measures such as intergenerational disadvantage, environment and community safety, all of which will influence the measure and extent of disadvantage.

The LJF also developed an indicator to identify areas that have a large number of people who may require culturally specific services.  The NLAS (ATSILS) indicator counts people identifying as Aboriginal or Torres Strait islander aged 15 and over with a low personal income . The top 10 local government areas in Victoria identified by the LJF to have a high NLAS (ATSILS) indicator are as follows:

• Greater Geelong
• Greater Shepparton
• Mildura
• Greater Bendigo
• Wyndham
• Casey
• Ballarat
• Whittlesea
• Hume
• East Gippsland

Taking this NLAS into account indicates an increased legal need for culturally safe legal assistance to be provided in a number of regional areas (including Greater Geelong and Greater Shepparton) and adds additional focus to legal needs in selected Melbourne growth corridors such as Hume and Casey.

Legal assistance service providers undertake local-level legal needs analysis as part of their service design, and further work and research is ongoing.

The VLF is currently undertaking a Victorian-wide, first of its kind, survey exploring how people experience, understand and navigate the law and everyday life problems. The Public Understanding of Law Survey (PULS) will give a clearer understanding of what people know about their law, what kinds of problems they encounter and how they have engaged and navigated the system. It will identify barriers to people accessing legal assistance and be a vital tool in understanding legal need in Victoria.

The PULS and other ongoing legal needs mapping and analysis conducted at the local level will inform the development of a more comprehensive analysis of legal need.

As part of the development of the Aboriginal Legal Assistance Strategy, it is proposed that a First Nations specific legal needs analysis be considered, drawing on current and ongoing legal analysis work from VALS, Djirra, VLA, Aboriginal Justice Forum and LJF, and respecting Aboriginal data sovereignty.

www.legalaid.vic.gov.au (External link)

VLA is an independent statutory authority established under the Legal Aid Act 1978, funded by the Commonwealth and Victorian governments, and the Victorian Legal Services Board’s Public Purpose Fund. VLA’s purpose is to make a difference for clients and the community through the provision of effective legal services and collaborative leadership of a strong and dynamic legal assistance sector. Fundamentally, its statutory obligation is to provide legal aid in the most effective, economic and efficient manner.

As part of this significant responsibility, VLA provides the primary entry point for members of the public to access legal information through its Legal Help phone line, webchat service and website. Through this entry point, people are able to access legal assistance or are directed to suitable sources of information or other services.

www.fclc.org.au/find_a_community_legal_centre (External link)

CLCs are independent, not-for-profit community organisations that provide free legal services to members of the public. CLC services focus on disadvantaged people and those with specific needs. CLCs are a key component of Victoria’s legal assistance system as they complement and extend the services provided by legal aid commissions and the private profession.

Generalist community legal centres assist people within their local area with a range of legal issues. Specialist community legal centres focus on groups of people with specific needs (such as women, people with disabilities, students) or on a particular area of law (such as consumer rights, environmental law, tenancy) throughout Victoria.

www.fclc.org.au (External link)

The peak body for CLCs in Victoria. The Federation of CLCs (the Federation) aims to build a strong and effective community legal sector by providing services, professional development and support to CLCs. The Federation also leads a strong collective voice for justice and equality. The Federation facilitates working groups of staff from different community legal centres to share expertise and develop strategic approaches to service provision.

www.vals.org.au (External link)

VALS is an Aboriginal community-controlled organisation providing legal and community justice services to Aboriginal and Torres Strait Islander peoples. VALS is actively involved in community education, research and advocacy around law reform and policy development.

www.djirra.org.au (External link)

Family Violence Prevention Legal Services (FVPLS) are community-controlled organisations that provide Aboriginal and Torres Strait Islander victims and survivors of domestic and family violence with culturally safe legal assistance and holistic support.

Djirra is an Aboriginal Community Controlled Organisation which provides support to Aboriginal people who are or have experienced family violence. Djirra engages in the provision of culturally safe and holistic support and specialist family violence legal assistance and representation.

Pro bono services in Victoria enable the provision of legal services that are socially responsible and without expectation of fee, or at a reduced rate. The Victorian Bar Pro Bono Scheme and the Law Institute of Victoria’s Legal Assistance Scheme plays a pivotal role in referring clients to legal personnel where clients are unable to obtain appropriate legal assistance from any other source (including other legal assistance schemes and have made an application for legal aid, and either that application has been refused or no decision has been made in relation to the application.

www.victorialawfoundation.org.au (External link)

Victoria Law Foundation (VLF) is an independent statutory body that undertakes research, community education, such as the annual law week, and allocates grants to support better justice outcomes for all Victorians.

www.liv.asn.au (External link)

The Law institute of Victoria (LIV) is the state’s peak body for lawyers, including the private profession. The LIV purpose is to be a leader and innovator of the legal profession, to support and inform members, and to raise the profile and standing of the legal profession. The private profession receives grants of legal aid to represent legally aided clients.

The LIV Find Your Lawyer Referral service assists the public to find a law firm to help them with their legal issue.

www.vicbar.com.au (External link)

The Victoria Bar is the professional association for barristers in Victoria. Barristers are specialist advocates who advise and represent litigants in courts, tribunals mediations and arbitrations, and receive grants of aid to represent legally aided clients.

www.justice.vic.gov.au (External link)

DJCS is the coordinating agency for the state’s justice system, including police, criminal prosecutions, consumer protection, prisons and community corrections services, and emergency services.

The Attorney-General of Victoria is the state government minister responsible for the legal system in Victoria, including all the Victorian courts and tribunals. The Attorney General is Victoria’s First Law Officer and primary responsibility is to protect, preserve and promote the rule of law. The Attorney-General must ensure the law is applied equally and fairly to everyone and that checks, and balances are maintained between the three arms of government -the legislature, the executive and judiciary. The Attorney-General is responsible for advising the government on improving the legal system. This includes providing advice on general government policy relating to the law and the courts, as well as recommendations for law reform. This practical work is carried out by DJCS, the department of the Victorian public service that provides advice and support to the Attorney-General.

VLA manages the administration of Commonwealth funding received through the NLAP for allocation to Victorian CLCs. All decisions regarding funding allocations are retained by DJCS with approval through the Attorney-General.

VLA undertakes the monitoring of the CLC program and has delegated authority to report from the Community Legal Assistance Service System (CLASS) database to meet NLAP reporting requirements.

VLA undertakes certain collaborative planning activities on behalf of the legal assistance sector. The Collaborative Planning Committee (CPC) is a forum which meets bi-monthly and is chaired by VLA (through its CEO) and includes executive representation of DJCS (through Deputy Secretary Integrity, Legal and Law Reform).  Membership of the CPC is drawn from across the legal assistance sector.

CPC sets a workplan of collaborative activities of interest to the legal assistance sector which includes initiatives such as targeted regional legal needs analysis and a legal assistance outcomes framework.

Whilst these activities are delegated, the DJCS retains responsibility of the flow through of decisions which impact NLAP implementation.

DJCS also holds a monthly strategic level service planning forum with sector representatives covering both NLAP and state level legal assistance matters, and a fortnightly forum which includes a strong focus on operational NLAP matters.

The Victorian Government provides a significant level of funding to the legal assistance sector. For the 2021-22 financial year, $218.028 million in state funding was provided to VLA, CLCs and Aboriginal legal services.

This funding total comprises the state funding distributed to the sector through the DJCS and must be interpreted with caution as:

• it does not include funding to the sector through other state departments, and
• it does not include funding distributed to the sector through philanthropic or statutory entities.

Of the funding distributed to the sector, funding is distributed as follows (refer also table below):

• VLA received $179.041 million which is primarily directed to a mix of state-based criminal, civil and family law matters, including child protection matters
• CLCs received $34.928 million, with parts of this funding directed to Domestic Violence Units (DVUs), Health Justice Partnerships (HJPs) and other integrated service models
• Aboriginal legal services, principally VALS and Djirra (a Family Violence and Prevention Legal Service) received $4.059 million

State level funding for the legal assistance sector varies from year to year depending on priorities of each year’s State Budget and duration of funding received, noting that funding may be a mix of both time bound and ongoing funding.

Note: funding to DVUs has been included in the HJP total.

Only summary level information about State funding for 2022-23 can be provided at this time as it is subject to approval for allocation.

Funding has been allocated for legal assistance under the State Budget 2022-23, most of which is timebound. Key elements of this funding are:

• VLA to receive $49.965 million over two years to continue to meet baseline service demand
• Overall VLA is to receive $83.994 million over four years under various budget initiatives consequential to investment in court activity, including for specialist court listings and pre-court legal assistance initiatives
• Funding of $6.5 million for 2022-23 for the CLC sector to continue and expand investment in early intervention programs delivered through integrated services including HJPs, and to maintain baseline funding through a family violence related grant. Almost 20 per cent of this funding is being directed to Aboriginal legal services.

Through state funding, VALS is receiving funding for a range of legal and community-based services over five years from 1 July 2020 to June 2026, totalling over $16 million.

Projected funding levels are not provided as state level funding varies from year to year and is subject to annual budget cycles. Any figures provided will be incomplete and may be open to misinterpretation.

State funding complements and exceeds Commonwealth funding for legal assistance

The State funding of $218.028 million for 2020-21 provides a significant share (71 per cent) of the funding provided for legal assistance, complementing the $89.784 million received under the National Legal Assistance Partnership (NLAP) for the same financial year.

Through the Federal Budget 2021-22, there was an uplift in funding to Victoria of $71.316 million over four years which is being directed to a number of priority client cohorts and legal needs including vulnerable women, people with legal needs who experience mental health conditions, and people experiencing workplace discrimination and sexual assault.

Specific funding has been directed to support emerging legal needs

Given the impact of COVID-19 over the past two years and changes to court operations, the legal assistance sector has benefitted from timebound pandemic funding from both State and Commonwealth governments although this funding has largely now expired.

Overall, the legal assistance sector received funding of $17.5 million from the State Government and $12.1 million from the Commonwealth Government for the period 2019-20 to 2020-21. Due to the timing of the funding, a portion of the funding was expended during 2021-22.

Funding has enabled timely response to legal needs in bushfire affected communities.

East Gippsland and North-East Victoria experienced catastrophic bushfires early in 2020 and communities experienced heightened legal need to assist in the immediate aftermath and the longer recovery period.

Through Bushfire Recovery Victoria (BRV) initial funding of $7.870 million has been received over four years (to June 2023) to enable service delivery to affected communities. In partnership with Disaster Legal Help Victoria (DLHV), these funds have been directed to on-the-ground CLCs and Aboriginal legal services and to statewide services to provide surge capacity and additional specialist capability in areas including family violence, tenancy matters, social security and credit card and financial stress.

Funding has enabled the development of a Disaster Management Strategy and Action Plan, establishment of statewide disaster coordination roles through VLA, the FCLC and VALS and Djirra. The action plan has enabled local responses to more recent storm damage, especially in the Yarra Ranges and will help build capacity to respond to future disasters.

Commonwealth funding of $1.574 million was received over two years to 30 June 2021 to provide additional legal assistance in bushfire affected areas and was distributed alongside the BRV funding to meet the needs of these communities.

Both sets of funding have been principally directed to front line service delivery to meet the legal needs of people in the bushfire affected communities.

The NLAP provides:

Funding has been included under the 2022-23 Federal Budget, enabling an increase in investment in specialist programs directed to meet legal need. A strong focus of the additional funding has been recognition of the impact of mental health for disadvantaged people with legal needs, and the specific needs of women experiencing a range of vulnerabilities, including workplace sexual harassment.

The funding has been directed for the following purposes and the first two years of funding is included in the above totals (noting unless otherwise indicated, the figures below are for four years to 30 June 2025):

• ATSILS for ‘Closing the Gap’, $1.114 million
• Additional funding to DVUs/HJPs to support services to people experiencing mental health conditions, $2.947 million
• Funding to extend the duration of FASS services to 30 June 2025 and enable the program to operate at seven circuit courts and include services for people with mental health conditions, bringing FASS funding to $23.338 million over five years
• Increased assistance to vulnerable women, $27.168 million
• Support for people with mental health conditions to access the justice system, $11.048 million
• Frontline support to address workplace sexual harassment, $8.4434 million
• Supporting increased child sexual prosecutions, $1.242 million.