‘Insufficient’ $1m boost to NT Legal Aid still leaves justice system on ‘brink of collapse’
A decade of ignored warnings about NT Legal Aid’s budget has resulted in the critical service scaling back services, despite a $1m cash injection.
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A $1m emergency boost to NT Legal Aid has been dismissed as ‘insufficient’ to address a decade of ignored warnings about the collapsing funding model for the critical justice service.
NT Attorney-General Marie-Clare Boothby committed an additional $1 million in funding for Legal Aid two weeks ago in a bid to help manage “criminal trial caseloads”.
The funding drop came in response to a Legal Aid announcement that it would stop accepting new adult clients, cut all remote court services, and withdraw from all adult trials and hearings from January 1.
Ms Boothby said the short term funding plan for the “critical service” would be complemented by “long-term, sustainable solutions as part of the budget process”.
“We value Legal Aid NT and know they are about to get even busier under the CLP Government’s strong on crime agenda,” Ms Boothby said.
The NT Legal Aid Commission has welcomed the funding, however chair Duncan McConnel said an additional $1.3m would stall — but not necessarily completely reverse — the proposed service cuts.
“It has enabled Legal Aid NT to revisit the timing and scope of cuts to services, such as frontline services in Tennant Creek, Alice Springs and Katherine, and some Bush and Community Courts,” Mr McConnel said
He said the service was looking to how it could “innovate and adjust” amid the ongoing funding pressures, meeting the “extraordinarily high levels of demand” and rising costs.
“Legal Aid NT will continue to advocate for access to justice through adequate government funding, improvements and efficiencies in the justice system and within the legal assistance service sector itself,” he said.
Criminal Lawyers Association’s Beth Wild said the government’s funding top off was “not sufficient”, and was doubtful Legal Aid services would be fully restored.
“They are yet to determine what the announcement mean in terms of their budget and services – it will not be a resumption of previous services,” she said.
Multiple sources have told the NT News the lastest funding stoush is the result of a decade of ignored warnings about Legal Aid’s budget, with the services annual reports consistently flagging the services increased demand and limited resources.
The 2015-2016 NT Legal Aid annual report said it provided 27,376 services on a total budget of $12.7m.
In 2022-23 NT Legal Aid was providing 36,366 services on a budget of $22m in 2023, a $9.3m increase over seven years.
But with 8990 more services provided in 2022-23, this effectively meant NTLAC received $1038 for each additional case it picked up.
The Supreme Court recently heard running a single trial could cost between $45,000 and $75,000.
The latest funding fight comes two years after NTLAC was hit with a double whammy funding blow.
The 2021-22 annual report said the then-Labor government capped bush court reimbursement to $250,000, and denied the service access to Treasurer’s Advance payments — a pool of money available for “one off and unexpected expenses” available to NTLAC since 2011.
The latest Labor budget also did not continue a $1.9m “one off” grant to the legal service.
Ms Boothby was asked if NTLAC’s baseline funding would be increased, if bush court reimbursements would be uncapped, or if the service would be able to access the Treasurer’s Advance payments in the CLP’s next budget.
Ms Boothby did not respond to these questions, however said she continued to work with NTLAC and the short term $1m injection had not yet been exhausted.
“The mess left by the previous Labor government is having an impact, but we will continue to work together to ensure our justice system has a plan to ensure justice for victims,” Ms Boothby said.
An Opposition spokesman said Labor often provided extra funding to NTLAC on top of its yearly budget, with total Territory contributions in 2022-23 tipping over $10m.
“The Country Liberal Party is in government and have done the bare minimum for Legal Aid, it is now time for them to step up instead of pointing the finger elsewhere,” he said.
Both the NTLAC director Annmarie Lumsden and her deputy Fiona Hussin left the service in September.
Ms Lumsden has begun her new role as the South Australian Legal Services Commission chief executive, while Ms Hussin tendered her resignation notice in June following 19 years with NTLAC.
In her September farewell post on LinkedIn, Ms Hussin warned: “We are now experiencing a legal system that is on the brink of collapse”.
“We have seen rising incarceration rates, particularly for our Aboriginal and Torres Strait Islander communities, increases in homelessness, and prevalence of clients living with disability and mental illness,” Ms Hussin wrote.
“Our work has never been easy, but it has always been important, and never more so than now.”
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