5 February 2024

Analysis reveals an equivalent of 52,000 women are turned away from legal services every year

| James Day
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WLSA made its Federal Budget submission hoping it will ensure financially disadvantaged and marginalised women at risk of violence can receive specialised legal support. Photo: Michelle Kroll.

Women’s Legal Services Australia (WLSA) recently published its 2024 Federal Budget submission, seeking a minimum of $10 million in annual funding in light of its data revealing an equivalent of more than 52,000 women were missing out on vital legal assistance each year.

WLSA’s analysis was conducted on the data of 13 women’s legal services, which showed that 1018 were turned away after seeking assistance over a five-day period in 2023.

Its chair Elena Rosenman said despite funding commitments through previous budget cycles, there had not been a significant uplift in specialist legal services available to Australian women.

“The time for funding is now if the government is serious about standing behind Australian women and ensuring they can access the support they need to be safe, to be engaged in their recovery and actively participate in the legal system,” she said.

“With the 2024/25 budget, there is an opportunity to break this devastating cycle of unmet demand for women in crisis. Just last week the Federal Government announced an Australian Law Reform Commission inquiry into justice responses to sexual violence and launched a new Consent Policy Framework to guide healthy sexual relationships and consent among young people.

“These steps are integral to moving Australia towards a culture where women are safe and respected, but this is not backed by sufficient investment in frontline services.

”With gender inequality clearly on the government’s radar, we must see investment in the safety and future of Australia’s women by sustainably funding women’s legal services to support and champion their experiences and needs.”

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Federal Government support for disadvantaged Australians is delivered through the National Legal Assistance Partnership (NLAP), a five-year funding agreement that began on 1 July, 2020.

It originally covered Commonwealth funding for state and territory legal aid commissions (LACs), community legal centres (CLCs), Aboriginal and Torres Strait Islander Legal Services (ATSILS), Domestic Violence Units (DVUs) and Health Justice Partnerships (HJPs).

However, over successive budgets, its scope has steadily increased, expanding from the original five funding lines to 13 as of the 2022-23 budget. The 2022-23 budget largely sustained NLAP funding announced in the 2021-22 version, with the only major change being an additional $24.2m for LACs over the next three years.

Total NLAP multilateral funding in 2022-23 was projected to be $506.7m, with 80.7 per cent directed towards the core programs.

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In its submission, WLSA also included demands for:

  • An increase to indexation under the NLAP that at a minimum equates to any increases in the CPI and required increases in wages and superannuation
  • An investment of $600,000 per year (plus indexation) to fund WLSA as a national peak body and enable the women’s legal sector to provide a strong national voice on policy and law reform issues impacting women
  • A commitment to provide $4 million per year (plus indexation) nationally for all 13 Women’s Legal Services to establish or continue to operate a migration law practice, either via the NLAP or the Department of Social Services
  • An additional $4.6 million per year (plus indexation) to establish an additional five pilot sites for trauma-informed legal assistance for victim-survivors of sexual assault
  • An investment of $600,000 over two years (plus indexation) to pilot a world-first Hague Convention national legal service for women who have taken children overseas and are fleeing family and domestic violence
  • An additional $4 million per year (plus indexation) to increase access to gender-led and trauma-informed legal assistance for women with employment and discrimination law matters, including sexual harassment, either via the NLAP or the Department of Employment and Workplace Relations
  • An additional $5 million per year (plus indexation) under the NLAP to increase access to legal assistance with family law property matters.

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