By CAM LUCADOU-WELLS
DEFENDANTS are ending up in jail unnecessarily because of cuts to legal aid, a lawyer has claimed.
Catherine O’Bryan, partner and manager of Dandenong and Pakenham-based law firm Galbally and O’Bryan, said a “substantial” number of people were no longer qualifying for Victorian Legal Aid court representation.
“We have really noticed the numbers grow this year,” she said.
She claimed it led to unrepresented people not being able to access justice by facing charges they didn’t have to face, pleading guilty to charges they should fight and getting heavier sentences than they otherwise should.
“At the worst, people are unnecessarily going to jail or are getting criminal convictions, which can lead to disastrous results to their income.
“You have to be certain you could be going to prison or on a very low income to get adequate representation.
“On driving matters, there’s no representation funding whatsoever. But the VLA will fund an appeal if you go to jail.”
A spokeswoman confirmed that despite soaring demand, VLA had helped fewer people in Melbourne’s south-east in the past year.
The VLA stated last week that many poor and disadvantaged people were missing out on help in the south-east – an “area of high unmet legal need”.
The spokeswoman said “current services aren’t keeping up with client and court demand”.
Facing a $9.3million statewide deficit in 2012-13, the service – largely stuck at 2008 funding levels – introduced tougher eligibility criteria for clients.
It resulted in the number of people in the south-east getting VLA court representation, legal advice or help from a duty lawyer dropping from 18,082 people in 2011-12 to 17,284 the following financial year.
In June, the VLA called for more funding to help at least 60,000 more people statewide.
Law Institute of Victoria president Geoff Bowyer said demand had grown due to the state government’s tougher law-and-order regime – more police and PSOs and harsher sentences.
At the same time, state and federal legal-aid funding had failed to keep pace.
“It’s a classic situation of Rome burns while Nero fiddles. People normally expecting assistance aren’t getting it.
“Unless you’re on welfare payments these days, it’s hard to get legal aid grants. Litigants on median incomes who can’t afford private lawyers suffer.”
According to a Victorian Auditor General’s report Access to Legal Aid released last week, the VLA estimated its unmet demand for services would soon more than double from 2012-13 levels – up from 5.7 per cent to 12.1 per cent in 2015-16.
Auditor-General John Doyle wrote the VLA’s funding was “based largely on demand levels from 2008”.
“Much has changed in the past six years, with tension between demand and increasingly scarce resources.
“VLA faces a challenge in remaining financially sustainable and meeting demand to minimise the further erosion of access to justice for Victoria’s most vulnerable citizens.”
The report stated the VLA was reviewing its service model for Melbourne’s south-east.
The VLA is collaborating with community legal centres to identify service gaps and “work out the most effective ways to assist people with legal problems”, the VLA spokeswoman said.
Have you been denied legal aid funding? Let us know at journal@starnewsgroup.com.au
