LSB February 2018_Web_LSSA

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TOP ELECTION ISSUES LAW SOCIETY’S KEY ELECTION ISSUES With the State Election approaching on 17 March, the Law Society has released its Top 10 Election Issues. The Society has asked State political parties to respond to the submission and outline their policies to strengthen the South Australia’s justice system. Below is a summary of the Top 10 Election Issues. The full document can be accessed on the Law Society home page. 1. NEW COURTS BUILDING The issue: The planned upgrades to the metropolitan Courts buildings, as budgeted for last year, is a stop-gap solution with a limited life span. The State Government needs to provide funding for an adequately funded and suitably resourced courts building to support effective delivery of justice within South Australia, according to contemporary and modern expectations and standards. KEY ASK • A commitment to the construction of a new State Courts precinct by 2023, with the 2018-19 State budget to provide funding for the development of a plan. 2. COURTS FUNDNG FUNDING FOR THE COURTS ADMINISTRATION AUTHORITY The issue: The Courts Administration Authority (CAA) has been forced over the past few years to reduce services due to budget cuts. The Government has also imposed higher tiered civil lodgement fees and probate fees, which are collected by the CAA but go into general revenue rather than being invested back into the courts. KEY ASKS • A significant increase in the Courts Administration Authority’s budget to enable it to operate effectively. • The establishment of an independent authority to determine a formula for the appropriate Government funding to be provided to the CAA. • Court filing fees and transcript costs to be waived for ALRM lawyers acting in State courts for indigent Aboriginal clients. • Probate fees and court fees, if to continue to be imposed, to be based on the value of the work involved. DISABILITY ACCESS IN COURTS The issue: The State’s courts infrastructures, particularly the Supreme Court building, fails to provide proper access to people with physical and cognitive disabilities. KEY ASKS • That the Courts Administration Authority is provided the resources to engage a disability access consultant to provide advice and recommendations on the courts redevelopment project. • That, in addition to the planned court upgrades, funding is allocated for the urgent upgrades of courtrooms 1 and 2 of the Supreme Court to provide access for those with a disability. 3. ACCESS TO JUSTICE PSYCHIATRISTS & PSYCHOLOGISTS The issue: There is a severe shortage of forensic psychological and psychiatric services for both prisoners and people facing trial. KEY ASKS • The provision of at least one additional full-time psychiatrist in the Forensic Mental Health Services Unit. • Greater investment in psychological and psychiatric assessment and treatment services for prisoners, including those on remand. • Investment in specialised services for prisoners with acquired brain injuries. • Practitioners undertaking psychological assessments of prisoners (including noncourt ordered assessments) to be granted at least two hours to assess a client. COMMUNITY LEGAL CENTRES The issue: State Government funding to Community Legal Centres has been reduced and is far lower than the contribution to CLCs compared to most other States. The State Government only contributes 22% of the total funding that goes to State CLCs. KEY ASKS • The share of funding to South Australian Community Legal Centres by the State be increased to at least 40% of the total funding for CLCs. • A commitment to an ongoing budget contribution to the core operating costs of JusticeNetSA. LEGAL AID FUNDING The issue: The Legal Services Commission is facing $10 million reduction in funding and can only afford to provide representation to clients in the bottom 8% of income earners and only for serious criminal matters or family law matters involving children. The lack of remuneration available to private practitioners affects the viability of private practitioners taking on legally aided cases. KEY ASKS • The restoration of $6 million in State Government funding for the Legal Services Commission. 16 THE BULLETIN February 2018
TOP ELECTION ISSUE • Increased funding to allow the Legal Services Commission to increase payments to the private legal profession acting in legal aid matters. • Allocation of funding to the Legal Services Commission for the provision of legal representation in civil matters. • Funding for the provision of legal representation for people subject to guardianship, medical treatment and residence orders who appear in the SACAT in first instance matters. 4. FAIRER COMPENSATION CIVIL LIABILITY The issue: Since the 1990s there has been a steady erosion of the right to obtain fair compensation both at common law and under our State Workers Compensation Scheme. Recent amendments to the Civil Liability Act 1936 prevent injured people from obtaining adequate compensation, deters those who have suffered a loss as a result of the negligence of another from obtaining compensation, and is failing to act as a deterrent to those not inclined to exercise an appropriate duty of care. KEY ASK • The Parliament conduct a review of the impact of recent amendments to the Civil Liability Act 1936 in relation to the scope of liability, burden of proof, assumption of risk, negligence on the part of persons professing to have a particular skill, exclusion of liability for criminal conduct and in the area of contributory negligence. WORKERS COMPENSATION The issue: The Workers Compensation Scheme does not provide adequate recompense to most injured workers. The Society notes and generally supports the findings of the Final Report into the Referral for an Inquiry into the Return to Work Act and Scheme by the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation (14 November 2017). KEY ASKS • That the recommendations of the Report be adopted, including: an end to the discrimination against those who suffer psychiatric injury arising from their employment; that those who are rendered totally and permanently incapacitated for work in the future should be entitled to long term income and medical support regardless of the percentage of whole person impairment; the provision of a proper allowance of legal representation costs for injured workers seeking Tribunal orders for employers to provide suitable employment; the percentage of whole person impairment to be able to pursue a claim for common law damages must be reduced to 10%, as is the case in other States. CTP REFORM The issue: Under the CTP scheme as introduced at 1 July 2013, unless catastrophically injured, those injured as a result of motor vehicle accidents are not entitled to an appropriate level of compensation. Not only is compensation in relation to severity of injury miserly, but an injured motorist has to be assessed at an Injury Scale Value of 11 to even be eligible for any compensation at all. KEY ASKS • The removal of Injury Scale Value thresholds as they limit the ability of the injured to qualify for compensation for both economic loss and noneconomic loss. • The CTP Scheme to allow appropriate compensation to the injured for pain and suffering. • The removal of a 20% reduction in compensation when calculating economic loss. • Reinstatement of the right of the injured to recover legal costs incurred associated with their claim for compensation, regardless of the value of their claim. VICTIMS OF CRIME The issue: Payments under the Victims of Crime Scheme are grossly inadequate and fail to reflect the trauma suffered by the victims of serious crimes. KEY ASKS • That the Victims of Crime scheme reverts back to an injury scale running from 1-50, as per the previous Victims of Crime Act, but the compensation payable doubled across the board and indexed to inflation. • Representation costs be allowed for legal representation on the same basis as the allowance of representation costs to injured workers under the Return to Work Act 2014. BBS Lawyers would like to welcome Jane Fox to their team. Jane has practised solely in Family Law since her admission in 2003 and is an Accredited Specialist in Family Law as recognised by the Law Society of SA. She is known for providing succinct and direct advice and she works hard to ensure exceptional representation for her clients and the best possible outcomes. JANE FOX SELINA NIKOLOUDAKIS Jane and Selina are available to take appointments. Call us now on 8110 2302 BBS Lawyers would like to congratulate Selina Nikoloudakis on achieving her Specialist Accreditation in Family Law with the Law Institute of Victoria and the Law Society of SA. In addition, we recognise Selina for her achievement of the Sandra Paul Memorial Award as dux of the Master of Laws (Family Law) programme which she also completed in 2017.
Page 1 and 2: THE BULLETIN February 2018 Volume 4
Page 3 and 4: This issue of The Law Society of So
Page 5 and 6: FROM THE EDITOR New Year, New Oppor
Page 7 and 8: AWARD WINNING HOMES HIGH-END BESPOK
Page 9 and 10: POLITICS AND THE LAW Endnotes 1 Dav
Page 11 and 12: POLITICS AND THE LAW In determining
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Page 15: POLITICS AND THE LAW 7 Ibid 111-2,
Page 19 and 20: TOP ELECTION ISSUE KEY ASKS • A c
Page 21 and 22: TOP ELECTION ISSUES prioritise area
Page 23 and 24: BOOKSHELF By L Burton Crawford The
Page 25 and 26: CITIZENSHIP 7 POEMS IT IS WITH A HE
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Page 29 and 30: RISK WATCH exchange between solicit
Page 31 and 32: GET IN ON THE ACT of interest, and
Page 33 and 34: SPEECH South Australian Attorney-Ge
Page 35 and 36: Painting by Tu ti artist Dougie Jac
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Page 43 and 44: TAX FILES New surcharge duty on for
Page 45 and 46: TAX FILES LANDHOLDER PROVISIONS Sec
Page 47 and 48: “Africa changes you forever, like

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