Dear Secretary,
National Legal Aid (NLA), representing the directors of the eight Australian State and Territory Legal Aid commissions (LACs), welcomes this opportunity to express our support of the Truth and Justice Commission Bill 2024.
LACs are independent statutory bodies that provide legal assistance services to the public, with a particular focus on the needs of people who are economically and/or socially disadvantaged. The legal assistance provided by LACs is an integral part of supporting people experiencing disadvantage to exercise their human rights and be safe, to be financially independent, and to be able to access services and fully participate in the community.
LAC services are provided to the most disadvantaged people in Australia to support them across of a range of legal matters in the areas of criminal, civil and family law. The ongoing disadvantage and systemic racism faced by Aboriginal and Torres Strait Islander people is reflected in the disproportionate levels of legal assistance being provided to First Nations peoples. In 2022/2023 24% of clients receiving Legal Aid grants were First Nations people, with this figure rising to 37% in Western Australia and 74% in the Northern Territory. LACs provide legal assistance services alongside Aboriginal and Torres Strait Islander Legal Services (ATSILS) and Family Violence Preventative Legal Services (FVPLS), playing an important role in supporting First Nations communities to have choice in legal assistance provider, alongside Community Legal Centres (CLCs). LACs also have a role where there are instances of conflict of interest. LACs have developed a number of different service delivery approaches and resources in collaboration with First Nations communities to assist in better ensuring that their services are culturally safe and meeting community need.
With this extensive experience in providing legal assistance to First Nations peoples, NLA is supportive of the establishment of a Truth and Justice Commission as proposed by this Bill. NLA recognises the vital importance of truth-telling in our nation’s ability to understand the full extent of the historic and ongoing injustices against the First Nations people of this country, which should in turn inform how we can redress the effects of these injustices in a culturally appropriate manner.
Truth-telling is particularly significant in the area of the criminal and legal systems, as well as the child-protection system, given the ongoing over-representation of First Nations peoples in these systems. It will not be possible to fully address and reduce this over-representation without first coming to an honest understanding and acknowledgment of the historical and ongoing injustices that First Nations people have experienced in these areas.
A national Truth and Justice Commission must operate alongside and as part of treaty readiness, with the intention to engage in national-level agreement making that rebalances power relations. The establishment of the Commission must include a commitment to meaningful action that ensures First Nations communities can exercise their right to self-determination, particularly in relation to service delivery of key social and economic supports including legal assistance.
NLA would recommend that, along with the establishment of the Truth and Justice Commission, the Committee should consider introducing a Special Minister to oversee and guide the truth-telling and treaty through Parliament. This position would be appointed at the His Majesty’s pleasure or the Governor-General's pleasure to ensure that it remains in place regardless of any changes of government so as not to deter from the work of the truth-telling, healing and treaty.
We thank the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs for the opportunity to provide a submission. Should you require any further information from us please contact NLA Executive Director, Katherine Mckernan on 0425 288 446 or katherine.mckernan@legalaid.nsw.gov.au.
Yours sincerely,
Louise Glanville
Chair, National Legal Aid
CEO, Victorian Legal Aid