Family law services at risk to federal funding trim

Tasmania’s Legal Aid director is worried about a loss to legal services for the ‘vulnerable’ after federal funding cuts early next year. What services will be impacted.

Court, legal, law. Picture: iStock

Vulnerable families will be at risk of having their lives disrupted even further during family law cases due to funding cuts to family law services, Tasmanian Legal Aid says.

In a letter to lawyers, Kristen Wylie, Tasmanian Legal Aid director said the temporary cuts would apply from January 1, 2025 and were due to a lack of funding in the 2024-25 federal budget for “cost consequences” after the merger of the federal circuit and family court which was funded from 2022-24.

Despite an increased workload and demand for family services, Ms Wylie said the TLA had to impose restrictions on some frontline family law services for the second half of the financial year.

“We note that the impacts of these service restrictions will be experienced most acutely by clients and an already strained judicial system,” she wrote.

Kristen Wylie is the Director of Tasmania Legal Aid. Picture: Linda Higginson

“A lack of representation for family law clients will result in prolonged and more contentious disputes, an increased risk for children unrepresented by ICLs, and worsened mental health for parents during one of the most stressful periods of their lives.

“These cuts are an absolute last resort and have only been taken after considerable advocacy efforts have proved unsuccessful.

“Current funding levels are insufficient to meet increasing demand, with rising expenditure exacerbating the challenges created by the loss of cost consequences funding.”

The changes from the New Year include a reduction in the funding of ICL (independent children’s lawyers) appointments to only those cases where there are allegations of child abuse, whether physical, sexual or psychological, or where there are issues of significant medical, psychiatric or psychological illness or personality disorder in relation to either party or a child or other persons having significant contact with the children.

Family law litigation grants for parties in parenting matters will be restricted to a victim or victim-survivor who has, or is, experiencing family violence and a person with disability who is in receipt of a disability support pension and/ or receives support from NDIS.

Ms Wylie said the TLA would “continue to advocate for both the reinstatement of the cost consequences funding, as well as core funding sufficient to meet current levels of family law demand, and allow the reinstatement of these frontline family law services”.

Australian Lawyers’ Alliance spokesman Greg Barns SC said the cuts to legal aid funding “means vulnerable people suffer injustice”.

Chair of the Prisoner's Legal Service Greg Barns SC. Picture: Chris Kidd

Tasmanian Aboriginal Legal Service CEO Jake Smith said current funding levels were insufficient to meet the demand for services.

“Our service and other community legal centres are already unable to meet demand,” he said.

“These funding cuts will mean that, particularly women, will miss out on the legal support they need.”

Community Legal Centres Tasmania Inc president Ryan Gilmour said: “Fewer options for legal assistance in the critical family law space means reduced access to justice for those that need it most and critically, the children we need to protect.”

Originally published as Family law services at risk to federal funding trim