‘Unmitigated disaster’: NT Legal Aid to cut services due to underfunding
NT Legal Aid is threatening to cut crucial services due to underfunding, in a move that could see criminals walk free and push a system at breaking point ‘over the edge’.
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Northern Territory Legal Aid will reportedly cut crucial services due to underfunding, in a move that could see criminals walk free, leave others unrepresented in court, and push a system at breaking point “over the edge”.
The NT News understands the service, which provides free lawyers and advice to Territorians in need, proposes to scale back services from January 1 due to resourcing pressures.
Legal Aid would stop accepting new adult clients charged with criminal offences, withdraw from all adult trials and hearings, and cut all remote court services from that date.
Criminal Lawyers Association NT (CLANT) said it was a “drastic” move that would have significant repercussions for the justice system.
“It will push a system that’s already buckling over the edge,” president Beth Wild said.
“What could happen is that if the court can’t ensure somebody gets a fair trial, they might drop proceedings and that means someone charged with a serious crime walks free.
“We need to remember that what we’re actually talking about in terms of funding for legal aid is a minor blip when you compare it to other costs like police and prisons.
“You can’t continue to invest in police and prisons without also adequately funding the rest of the services that make up the justice system – and that’s the courts and the legal aid services.”
In this year’s budgets Legal Aid received just over $9m from the Territory and $8m in federal grant funding – the federal funds administered by the NT government under the National Legal Assistance Partnership agreement.
Some NLAP funding earmarked for the North Australian Aboriginal Justice Agency (NAAJA) was also temporarily redirected to Legal Aid earlier this year to help cover NAAJA’s service cuts.
That money was reverted back to NAAJA after services were restored and management issues addressed.
In response to a series of questions Attorney-General Marie-Clare Boothby said only that Legal Aid continued to receive funding from the federal and Territory governments.
“The NT Government continues to advocate for needs-based funding for legal services demands,” she said.
A spokesman for federal Attorney-General Mark Dreyfus said Legal Aid’s issues were related to the NT government’s funding decisions.
“The current National Legal Assistance Partnership doesn’t expire until June 30, 2025 and there have been no Commonwealth funding cuts under this agreement,” he said.
“Under the new National Access to Justice Partnership which begins July 1, 2025 the Commonwealth will provide an extra $800m in legal assistance funding, with every sector in every jurisdiction receiving extra Commonwealth funding.”
How much additional funding out of the $800m will flow to the Territory is yet to be confirmed.
Luke Officer, CLANT vice-president, said that regardless of where the funding came from, “Legal Aid clearly needs more money and more resources”.
He said increased demands on legal services likely came from a mix of cases generally becoming more complicated and protracted in Australia, and the “sheer number” of Territorians charged with crimes.
“It would be an unmitigated disaster to see legal aid services for adults withdrawn,” Mr Officer said.
“If people are not guaranteed basic access to a lawyer, there are concerns about them having access to justice at all.”
Territory Labor called on the CLP to urgently provide extra demand-based funding to Legal Aid.
“It is extremely concerning Legal Aid may be forced to cut services, this is an organisation which ensures all Territorians have fair access to justice,” Opposition Leader Dheran Young said.
NT Legal Aid was contacted for comment.
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Originally published as ‘Unmitigated disaster’: NT Legal Aid to cut services due to underfunding
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