Tasmanian Aboriginal Legal Service sees rising demand for civil legal help, calls for review into government funding

Callan Morse
Callan Morse Published June 14, 2024 at 12.30pm (AWST)

The Tasmanian Aboriginal Legal Service is seeing an increased demand for civil legal assistance, saying more needs to be done to address the "chronic underfunding" of civil legal services.

The organisation, which specialises in civil, criminal and family law matters, represents Aboriginal people from communities across Tasmania.

Chief executive Jake Smith said TALS has experienced an increase in community members seeking legal advice on a range of civil issues.

"This includes discrimination, employment law and debt recovery which we see is directly linked to the increased cost of living," Mr Smith said.

"We have one civil Lawyer, who can only do so much to support people across the state, it is simply not enough."

TALS is primarily funded under the National Legal Assistance Partnership (NLAP), with a review released in May identifying Aboriginal and Torres Strait Islander peoples experience greater un-met legal need than any other group in the community.

"We have known for some time that our service, as an Aboriginal and Torres Strait Islander Legal Service (ATSILS) is underfunded to meet the needs of our community here in Tasmania, the NLAP review confirms this," Mr Smith said.

"The government currently provides funding for one civil lawyer for the entire state, with funding ending at the end of the year."

Mr Smith said the NLAP review specifically calls for governments to increase funding for additional civil legal assistance services, among other legal assistance areas in which it funds.

"The NLAP Report recommends a particular focus on providing resources to ATSILS," Mr Smith said.

"While this is not specifically an Aboriginal issue, with the NLAP report highlighting the chronic underfunding of Civil Legal Services for all Australian's requiring legal assistance, our community experiences the greatest unmet legal needs than any other, and more needs to be done."

Tasmanian attorney-general Guy Barnett told National Indigenous Times he "acknowledges the important work of the Tasmanian Aboriginal Legal Service in providing legal services to Aboriginal people in Tasmania".

"The Majority of TALS' funding is provided by the Commonwealth Government. However, that funding does not include the provision of civil law services," Mr Barnett said.

"In 2023 our government provided $195,000 to TALS to pilot a standalone civil law advice and representation service for twelve months, aiming to increase the number of Aboriginal people living in Tasmania receiving free civil legal services.

"The government would welcome further discussions with TALS regarding the operation and outcomes of the pilot program."

Mr Smith said current funding for all matters and including civil matters is simply not enough.

"Where we are unable to assist, clients either self-represent in their matter or do not pursue it," he said.

"The NLAP review highlights the increased cost to the justice system of people who self-represent predominantly due to the time it takes to hear the matter. Pursuing a matter due to no representation is simply not right – and is another example of Aboriginal people falling through the gaps.

"We do all that we can to support our clients with referrals where we are unable to, but we are not always able to find someone able to assist."

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.