Asylum seekers' issues reflected in rising pro bono work

SBS World News Radio: Asylum seekers' needs are contributing to a clear rise in pro bono legal work by Australian lawyers, but looming federal funding cuts are placing services under increasing strain.

Asylum seekers' issues reflected in rising pro bono workAsylum seekers' issues reflected in rising pro bono work

Asylum seekers' issues reflected in rising pro bono work

Lawyers in Australia are working for free more than ever before.

The Fifth National Law Firm Pro Bono Survey shows pro bono legal work has increased by almost 10 per cent since 2014.

It shows lawyers did an average of almost 35 hours of pro bono work each in 2016.

One of the key factors driving the increase was a rise in demand from asylum seekers and refugees.

In 2016, immigration ranked third in the list of areas of law where the most pro bono work was done, moving up from 12th in 2014.

Sarah Dale is a principal solicitor at the Refugee Advice and Casework Service, (RACS) a community legal centre.

She says government cuts to community legal centres in 2014 have impacted the rise in demand for her centre's services.

"Previously, before 2014, there was funded legal assistance for anyone who arrived in Australia by boat. And now that there is no longer that funding, we're now seeing more and more people come to RACS needing that assistance to apply for protection because they're unable to afford a private migration agent."

Ms Dale says pro bono work has been crucial in meeting the increased demand.

"Given the massive cuts that we experienced, there is no way we could have met the need without pro bono support over the past couple of years. And it's really reassuring, because we just see more and more pro bono work available. However, it's important to note that, despite all this incredible pro bono support, we still need funding (for those) services."

Australian Pro Bono Centre chief executive John Corker says pro bono work is a professional obligation for lawyers.

"It's a great thing for the legal profession as a whole to have this important ethical value to give back to the community. There are very few other professions that do it to the same degree -- or at all -- to which lawyers do. So, yeah, it's a positive thing."

But despite over 370,000 hours of pro bono legal work being completed in 2016, Mr Corker says there is no substitute for government-funded legal aid.

"I think the important thing is, also, that there is a limited capacity to do that (pro bono work) as well. It's not a substitute for adequately funding Legal Aid and community legal centres. And there are signs in this survey that, for some of the better performers and the longer-serving firms that have got advanced pro bono programs, they're getting close to capacity."

Federal funding cuts to community legal centres are scheduled for July this year.

Ms Dale says that means there will be more people competing for limited pro bono legal services.

In March, Labor and the Greens co-sponsored a Senate motion urging the Federal Government to continue the funding.

Opposition legal spokesman Mark Dreyfus told a media conference at Parliament House community legal centres are critical to the people most disadvantaged.

"Community legal centres serve the most disadvantaged people across Australia. They serve people who cannot afford to see a lawyer. They serve people who do not qualify for Legal Aid."

Greens senator Nick McKim also sharply criticised the Government for the impending cuts to the community legal centres. (CLCs)

"Some of our most vulnerable people in the country are going to miss out on access to justice as a result of this Government's cruel and callous cuts to CLCs."

But Liberal senator James McGrath responded in parliament, maintaining the Government remains committed to community legal centres.

"The Government is committed to access to justice and supports the important work of the community legal-assistance sector. In a tight fiscal environment, the Government is providing $1.6 billion for legal- assistance services, including community legal centres. ... Under the National Partnership Agreement on Legal Assistance Services, services are directed to those who need it most. Funding for community legal centres is not a matter for the Commonwealth alone. Investment from the states and territories is also crucial."

 

 


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By Amanda Copp



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