Federal Attorney-General Michelle Rowland has reminded her NT counterpart Marie-Clare Boothby that the NT Government has an obligation to maintain proper funding for legal aid for Territorians, amid fears from the Federal Government that increased pressure on NT courts and corrections has been exacerbated by funding cuts, which has produced “heightened risks to fairness and access to justice” that may be in breach of international human rights obligations.
The letter was disclosed during federal budget estimates hearings earlier this week, during questions about the NT’s high incarceration rates of children and Indigenous Territorians, amid concerns they are not being provided legal representation.
Ms Rowland stated in the letter that the Commonwealth has increased funding to LANT by 13.1 per cent and NAAJA by 33.5 per cent this financial year, but that the increase was not “intended to replace or offset the Northern Territory’s investment in the legal assistance sector, which has not increased in real terms”.
Ms Boothby has repeatedly claimed that funding to Legal Aid NT has not decreased, but a letter from LANT director Catherine Voumard to the Criminal Lawyers Association NT earlier this month refuted that claim, showing the Finocchiaro CLP Government reduced funding by more than $3.2 million this year, from $15.35 million last year to $12.07 million.
Ms Voumard added the reduction in baseline funding was the key reason for the reduction in services including denying representation to those in custody.
Ms Rowland wrote to Ms Boothby acknowledging the pressures on the courts, raising concerns that the NT was not fulfilling its commitments under the National Access to Justice Partnership (NAJP).
“I am concerned that [NT Government] reforms generating additional demand for legal services do not appear to have been accompanied by commensurate resourcing for legal assistance providers,” Ms Rowland wrote.
“Where service capacity is constrained, the consequences are system-wide – more matters delayed, greater reliance on remand, increased pressure on courts and corrections, and heightened risks to fairness and access to justice.
“These outcomes also risk undermining the objectives of the NAJP and the effectiveness of the Commonwealth’s significant funding uplift.”
Ms Rowland reminded Ms Boothby the NT is obligated under the justice partnership to maintain “its level of effort and investment in legal assistance services”, while also administering Commonwealth funding “in a way that supports NAJP priorities”, including efficient and accessible legal assistance, “particularly for priority cohorts”.
“…Given the scale of the pressures being reported, I consider it important that the Northern Territory Government actively consider what additional measures are required – consistent with NAJP obligations – to ensure baseline criminal legal assistance capacity remains sustainable in the face of increased demand,” she wrote.
“I am concerned that capacity constraints may leave vulnerable individuals, including children, unrepresented in criminal proceedings.”
Ms Rowland added that leaving vulnerable children unrepresented is “inconsistent with Australia’s international obligations, including under the Convention on the Rights of the Child 1989”.
Ms Boothby’s office did not respond to the NT Independent’s questions for more than 24 hours, despite initially claiming it would.
Ms Boothby has previously said she expects LANT to “live within their means” while managing “their funding and to preform their duties responsibly”.
She has also said the government has offered a multi-year funding deal that has not been agreed to by Legal Aid NT.
Ms Voumard was controversially appointed directly by Ms Boothby to the LANT last year, sparking mass resignations of board members who had determined that Ms Voumard did not have the experience necessary to lead the organisation and had independently endorsed another applicant for the role.
Ms Voumard wrote in her letter to CLANT earlier this month that without more funding or a reduction in overall demand on legal aid services, reversing the service cuts would not be possible and “[LANT] may need to consider further reductions of services”.
There a people in remand for over 7 months for a simple break and ent1er struggling to get court resources!
Yes , they stupidly did the crime but are now doing OVERTIME for their crime!!
Their is a infinite world of difference between the HAVES (out on bail/court hearings are quicker) and HAVE NOTS (7 months in remand, good luck in reaching your legal rep)!
The Attorney General is incompetent! The Feds must hate dealing with her!
Her infamous “Coin For Gear” texting guru nephew did not get the poor treatment people in remand awaiting trial are receiving!
There is ‘another’ CLP linked superstar nephew in court soon, if that individual also gets the golden treatment i predict marches on the streets and protests at Parliament House!