Home
  • About
    • Philosophy and our goals
    • Governance
    • Organisational structure
    • Patrons
    • Our Impact
    • Tasmania
    • Jobs
    • Search
    • Annual reports
  • Research
    • Research Papers
    • Sort by Author
    • Submissions
    • National Energy Emissions Audit
    • Community Resources
    • Climate & Energy Program
    • Accountability Project
  • In the News
    • Media Releases
    • Infographics
    • Opinion
    • Podcast
    • Videos
    • Our blog
    • Petitions
  • Contact
  • Events
  • Subscribe
  • Donate
    • Make a one off donation
    • Make a regular donation

Justice for all

In order to receive fair treatment through the legal system, it is often necessary to seek assistance from a lawyer. This can be an expensive exercise, depending on the matter to be resolved and one’s capacity to pay for it. The financial costs of pursuing justice can be so high that a great many people do not do so. In a system in which one rule of law is supposed to apply to all, this has fundamental implications for the rights of citizens.

Since 1973, the system of legal aid in Australia has provided legal assistance for people who would otherwise not be able to afford access to justice. Unfortunately, for much of the time since then the legal aid system has been underfunded. Because funding does not match the level of need in the community, Legal Aid Commissions at the state/territory level use complex mechanisms for rationing legal aid so that only the most deserving cases qualify.

In practice, the tight rationing of legal aid means that only the poorest and the richest Australians can ever hope to receive legal representation. For those who inhabit the vast middle ground between very poor and very wealthy, the legal system can remain forever inaccessible. This is true regardless of the strength of someone’s case or the degree of injustice that they are seeking to remediate (unless they are fortunate enough to receive pro bono legal help, perhaps because their case has a public interest dimension). But if our legal system effectively excludes the majority of Australians, then we cannot be confident that the system is delivering justice for all.

The starting point for good policy in the administration of justice should be an assumption that legal needs ought to be met, irrespective of an individual’s economic or social circumstances. While it might be straightforward to identify someone whose legal needs are met (e.g. when they took a matter to court with the assistance of a lawyer), unmet need cannot necessarily be identified precisely or in all situations. Indeed, some of the most important areas of unmet need may relate to problems which people did not know could be solved via legal intervention.

Type of Publication: 
Research
Section: 
Equity
Society

Download Publication: 
PDF icon IP8 Justice for all_4.pdf

Author: 
Richard Denniss, Josh Fear and Emily Millane
Posted on:
20 March 2012

>> Share this Page

  • Facebook
  • Twitter
  • Facebook
  • Twitter

.

The Australia Institute is the country’s most influential progressive think tank. We conduct research on a broad range of economic, social and environmental issues in order to inform public debate and bring greater accountability to the democratic process.

Sitemap:

  • About
  • Philosophy and our goals
  • Research
  • Opinion Pieces
  • In the News
  • Media Releases
  • Make a one off donation
  • Make a regular donation
  • Contact
  • Governance
  • Join mailing list

Other Initiatives

  • Centre for Future Work
  • The Australia Institute Tasmania
  • No New Coal Mines
  • Go Home On Time Day
  • Climate & Energy Program
  • The Australia Institute acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognise their culture, history, diversity and their deep connection to the land.

    The team at The Australia Institute acknowledges that the Australian Capital Territory is Ngunnawal Country and pay our respects to Elders past and present.

  • Copyright The Australia Institute |
  • RSS feed |
  • Website Privacy Policy