36 LIJ JULY 2013 LEGAL ASSISTANCE ILLUSTRATION CAROLYN RIDSDALE “The Law Council considers that it is unrea- sonable to assess the effectiveness or quality of legal assistance services without acknowl- edging the long-term, chronic underfunding across the legal assistance sector, comprising Legal Aid Commissions (LACs), Community Legal Centres (CLCs) and Aboriginal and Torres Strait Islander Legal Services (ATSILS). Underfunding of the legal assis- tance sector has restricted access to justice, thereby impacting on the enforcement and protection of fundamental rights”. 5 The LCA also stated that: “The Commonwealth and State and Territory Governments are jointly respon- sible for the funding of legal aid. However over the last 15 years, there has been a sig- nificant drop in the proportion of funding provided by the Commonwealth, from a share of 50 per cent in 1996-97 (equivalent to $128 million out of a total $264 million) to approxi- mately 35 per cent of the total legal aid budget. In 2010–11 the Commonwealth Government contributed approximately $200 million out of a total of $568 million”. 6 If LAS is understaffed, has problems recruiting staff, and its staff are poorly paid, overstretched and stressed, the quality of the service can be affected. For example, ATSILS see large numbers of clients in remote loca- tions with little time before court to take instructions and in circumstances where M any Victorian lawyers volunteer, work or receive aid grants for Legal Assistance Services (LAS). It is well- documented that these services work with disadvantaged people and that such work is often complex with limited resources and chronic underfunding. 1 The federal Attorney-General’s Depart- ment (through Allen Consulting) is currently reviewing LAS. LAS refer to the range of ser- vices provided by Legal Aid Commissions, community legal centres (CLCs), Aboriginal and Torres Strait Islander Legal Services (ATSILS) and Family Violence Prevention Legal Services (FVPLS). LAS offer general- ist and specialist services including telephone advice and referrals, minor assistance relat- ing to civil, criminal and family law, legal representation, dispute resolution, counsel- ling, community legal education, information, law reform and advocacy. The Review, which is the most significant to be undertaken of this sector, will conclude in September 2013. The Law Council of Australia (LCA), National Legal Aid (NLA), ATSILS, the National Association of Community Legal Centres (NACLC) and the LIV, among oth- ers, have made submissions to the Review. The author, in a report for the LAACT 2 and a review for the Attorney-General’s Department 3 noted that any review must rec- ognise the challenges and need for diversity of programs to effectively deliver legal services to their target group – the most disadvantaged. This article summarises some of the critical issues for the Review to consider, including the need to understand the responsiveness of dif- ferent programs to different clients which is essential to ensuring quality outcomes. It aims to brief the profession as to the issues around the Review from a practitioner point of view. Allen Consulting developed a Discussion Paper 4 for the Review of the National Partnership Agreement (NPA) on LAS. The NPA provides the framework for federal funding of Legal Aid Commissions for the years 2010–2014. The Review states that it will examine service and overall sector pro- gress made towards the objectives of the NPA, being the delivery of preventative, early inter- vention and dispute resolution services. It will also evaluate the quality, efficiency and cost- effectiveness of LAS. The Critical Issues Effectiveness is affected by resources, staffing and funding Any attempt to review LAS effectiveness must recognise that a service can be impacted by the available resources and funding. In its sub- mission to Allen Consulting the LCA stated: The federal Attorney-General’s review of Legal Assistance Services is complex and its success will rely on due consideration being given to how data is collected and analysed. By Dr Liz Curran Legal Review not all in the stats