Australian and NT Attorneys-General raise concerns over potential funding noncompliance by the North Australia Aboriginal Justice Agency
The Australian and Northern Territory’s top legal officers have demanded that NAAJA open its books and reveal how funding has been spent amid a staffing crisis.
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The Northern Territory’s largest legal service is facing a major audit, with the Federal Government attempting to take control of all grant funding to the embattled North Australia Aboriginal Justice Agency.
In a letter sent on Friday, the Australian and NT Attorneys-General Departments have demanded NAAJA agree to allow a grant controller to oversee all funding, a Territory government-led audit of the service, weekly staffing reports, and an observer position on the board of the independent legal aid service.
The letter to NAAJA chair Colleen Rosas called for urgent action given the governments' “strong concerns” over potential noncompliance with its finances and chronic staffing shortages.
“We have become increasingly concerned by the growing issues within NAAJA and the ability of the board to govern, provide stability, ensure service delivery and oversee the reforms necessary to secure the future of the organisation,” the letter said.
“We are of the firm view that urgent steps are necessary to address the range of issues at NAAJA that are having a significant impact on service delivery and staff in the organisation.”
It comes weeks after NAAJA chief executive Priscilla Atkins appeared in the Federal Court over an unfair dismissal case after the board tried to sack her following a bitter falling out last year.
The Friday letter told Ms Rosas there were concerns about “potential noncompliances” with the National Legal Assistance Partnership funding agreement, with the NT Attorney-General’s office seeking legal advice on measures it could take over the alleged mismanagement.
It said the governments were expediting an NT Attorney-General led audit to look over all accounts and records relating to the delivery of funding activities, “to ensure transparency and accountability around the use of government funds by NAAJA”.
The National Indigenous Australians Agency will appoint a grant controller, whose powers include being able to administer and control its grant money, with the letter calling for the board to allow it to control all funding.
“A grant controller works with funded organisations to ensure appropriate expenditure and provides financial, management and corporate governance support to organisations to comply with relevant funding agreements,” the letter said.
The board was asked to allow an observer representing NT and Federal Attorneys-General and the NIAA to sit in on NAAJA board meetings.
The letter also said there were serious concerns about staffing and the “health and wellbeing of the remaining staff members, as well as other legal assistance service providers in the Territory”.
The NT News understands interstate lawyers are being placed on locums as short as two weeks due to critical staffing shortages at NAAJA.
The letter called for weekly reports on staffing levels and vacancies across all of its offices, and to “engage urgently” the Northern Territory Legal Aid Commission to ensure Territorians would continue to be able to access legal services.
“This may include a transfer of funds to deliver services for a period of time while NAAJA rebuilds its staffing capacity,” it said.
The letter also revealed current acting CEO Olga Havnen had tendered a notice of resignation, however was convinced to stay on.
Ms Havnen is the second person to take on the role in 12-months, with Aboriginal Medical Services Alliance NT head John Paterson leaving the acting position after just six months.
NAAJA also lost its most senior solicitor Nick Espie in October, leaving the legal aid services without a principal legal officer.
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Originally published as Australian and NT Attorneys-General raise concerns over potential funding noncompliance by the North Australia Aboriginal Justice Agency
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