LSB February 2018_Web_LSSA

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TOP ELECTION ISSUES POLITICIANS RESPOND TO KEY LEGAL ISSUES The Law Society sent its Top 10 Election Issues submission to all political parties running in the upcoming State election. All parties except SA Best submitted responses to the Law Society’s submission. The following pages feature selected extracts of the responses of political parties. The full responses will be sent to Members via a special edition of Advocacy Notes in February. SA LABOR NEW COURT PRECINCT The Government is committed to the development of modern and technologically advanced State Courts. The recent announcement of $31 million towards new criminal courtrooms (where the most acute difficulty exists) reflects this commitment. It also marks the early stage of this important staged upgrade to the State’s court infrastructure. PROBATE & COURT FEES BASED ON THE VALUE OF THE WORK INVOLVED. If this change is to be responsibly adopted, the Government considers it important to consult with the Courts Administration Authority to understand the impact this may have on its budget. We are open to discussing this with the CAA. PSYCHOLOGICAL & PSYCHIATRIC SERVICES FOR PRISONERS The Government is considering expanding in-reach mental health services provided to prisoners, which will include those on remand. We currently have psychological services in place for the assessment and treatment of prisoners comprising more than 70 psychologists, social workers, and assessment and rehabilitation clinicians employed across the prison system. This Government also invested in the High Dependency Unit at Yatala Labour Prison and the Complex Needs Unit at Port Augusta Prison, providing specialist services for prisoners with acute psychological needs. WORKERS COMPENSATION REFORM On 14 November 2017 the Government appointed former Justice of the Federal 20 THE BULLETIN February 2018 Court of Australia, the Hon John Mansfield AM QC, to conduct an independent review of the Return to Work Act and its administration and operation pursuant to section 203 of the Act. The review commenced on 4 December 2017. The review will be completed within six months of its commencement. The Society is invited to make a submission to the review. VICTIMS OF CRIME SCHEME In light of the Government’s recent increase to the maximum payable and legal fees under the Victims of Crime scheme, we consider it prudent to allow sufficient time to monitor and review these recent changes and its impact before considering any further such changes. It should also be noted that in appropriate circumstances the Attorney General has discretion to consider awarding a higher payment. COMPENSATION FOR CHILD ABUSE VICTIMS The Government considers there is no need to abolish such time limits. The Government’s ex gratia compensation scheme works well and provides survivors an alternative means to seek compensation and avoid the trauma of the courts process. It may also be noted that the Court has discretion to extend any time limits and the Government understands there has been no case to date where the Court has refused any relevant application for an extension of time. PUBLIC DISCLOSURE OF LAND SERVICES SA CONTRACT It is important for the benefit of South Australians that there is business confidence in transacting with the Government. Accordingly, documents the subject of commercial in confidence should maintain such confidence. PRISONER REHABILITATION As part of our $40 million commitment to the implementation of the 10by20 strategy, the South Australian Labor Government committed $12.513 million to deliver additional rehabilitation programs for prisoners. These programs focus on addressing the dynamic risk factors related to violent, sexual, domestic violence, generalised and drug-related offending. The delivery and effectiveness of these additional programs will be closely monitored by the DCS Chief Executive and Executive Group who have oversight of 10by20’s progress. SA LIBERAL Deputy Opposition Leader Vickie Chapman MP responded on behalf of the Liberal Party NEW COURTS PRECINCT Clearly South Australia’s Supreme Court buildings are derelict and in some cases dangerous. I expect the Government’s current $31 million refit in the Supreme Court buildings will be suitable for up to 10 years. Much of this will be spent on buildings leased by Government. So far, the Government have refused to provide any of the planning documents or documents prepared for tender of the options previously announced and cancelled for a new court building. My commitment is to review this material if elected in March as a first priority. SUPREME COURT UPGRADES Although our former Chief Justice suffered the indignity of not being able to access his courts when using a wheelchair, making improvements to the Supreme Court Building prior to a comprehensive rebuild may not be the best use of funds for public and professional disability access. I would prefer to ask SafeWork SA to
TOP ELECTION ISSUES prioritise areas necessary to comply with occupational health and safety standards. Any rebuild will require disability standards to be adhered to. COMMUNITY LEGAL CENTRE FUNDING It is disappointing that whilst the Federal Government reconsidered its commitment to Community Legal Centre funding, that the same has not been followed by the State Government. In 2017 the Liberal Party committed to reinstate services at the Riverland Community Legal Centre, which was a direct recommendation from the Federal Attorney-General when reconsidering their funding arrangement. VICTIMS OF CRIME SCHEME The Victims of Crime fund continues to accumulate and we have indicated our support to applying these monies to assist with domestic violence, drug addiction and victims generally. A priority will be to establish the Justice Rehabilitation Fund, which was promised two years ago by the State Government, under confiscation of assets legislation. CHILD PROTECTION & EARLY INTERVENTION The Liberals have committed to the appointment of an Assistant Aboriginal Children’s Commissioner. The Government have not. Further, we have announced a youth drug treatment law reform policy, which the Government continue to oppose. COMPENSATION FOR CHILD ABUSE VICTIMS Funds are available in the Victims of Crime Fund to support extra compensation payments for victims of institutional child sexual abuse. Shortly after the Nyland report was tabled I introduced vital legislation to remove any time limit to CSA. The Government refused to support this legislation however I commit to pursue the same if elected. CHARTER OF RIGHTS FOR SA A charter of rights may have some merit, but I note the Bill of Rights applying in Victoria has been most commonly used by bikie gang members. PRISONER REHABILTIATION It is hardly surprising that we have high recidivism by prisoners in our adult facilities and youth training centres. Parole Board Chair, Frances Nelson QC, has repeatedly complained of the lack of adequate or merely accessible rehabilitation programs. Clearly this must change, with services offered broadly over all prison facilities to the prisoners who need the services most. The Opposition have announced policies to curb drug and mobile phone use in prisons, and around prisoner voting. GREENS SA PROBATE & COURT FEES BASED ON THE VALUE OF THE WORK INVOLVED The Greens were the only Party that advocated on behalf of the Law Society for changes to Probate fees as part of the 2016 State Budget. DISABILITY ACCESS IN COURTS Access to justice is a key priority for the Greens. We believe that full and unencumbered participation in the legal system for people with disability is essential, and are committed to providing resources to the Courts Administration Authority to achieve this aim. In particular, the Greens support the urgent allocation of funds for upgrades of courtrooms 1 and 2 of the Supreme Court to provide full disability access and the engagement of a disability access consultant to make recommendations regarding the further redevelopment of the courts. LEGAL AID FUNDING The Greens were key advocates in Parliament for the campaign by the Law Council of Australia and the Law Society for increased funding for both CLCs and the Legal Services Commission. PSYCHOLOGICAL AND PSYCHIATRIC SERVICES FOR PRISONERS The Greens recognise that there are insufficient resources to currently deal with the psychiatric and psychological needs of participants in the legal system. The consequential delays to trials and the compromised services offered to defendants, remandees and prisoners are unacceptable. We completely support all of the Law Society Key Asks to address this urgent area of need. JUSTICE REINVESTMENT The original initiative for Justice Reinvestment in South Australia came from former Greens SA Senator, Penny Wright. We remain committed to this project. ABORIGINAL INTERPRETIVE SERVICES The Greens have a strong track record in campaigning for better outcomes for Aboriginal people participating in the justice system, and have fought hard for the recent increased funding for interpreters and to raise awareness of the important role they play in access to justice and in keeping people out of unnecessary incarceration. Specific funding for interpreters (and associated roles) as outlined in the Law Society’s Key Asks would help to overcome some of the significant challenges faced by a number of Aboriginal people in the courts. AUSTRALIAN CONSERVATIVES – SA DIVISION NEW COURTS PRECINCT Australian Conservatives believe that the South Australian Court system has been neglected under the current Labor Government, and agrees that whoever forms government must commit to the construction of a new State Courts precinct with a proper plan and schedule. FUNDING FOR COURTS ADMINISTRATION AUTHORITY Australian Conservatives have been highly critical and have opposed the closure of regional courts and other cost cutting measures which resulted from the Labor Government’s cuts to the operating budget of the CAA. We will support measures to increase the CAA budget as we believe that local court services in regional areas must be available. We also believe a well-funded court system is needed to minimise the time it takes for cases to progress. A faster system is necessary to reduce the anguish experienced by victims, witnesses and defendants. LEGAL AID FUNDING Legal Aid funding is paramount to give proper access to the courts for disadvantaged people. We know there is an inadequacy in this area as we regularly try to assist constituents who have trouble accessing the justice system. We support the restoration of the $6m funding cut to Legal Services Commission by the SA Government. February 2018 THE BULLETIN 21
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
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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
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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
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Page 47 and 48: “Africa changes you forever, like

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