The (VLA) report envisages movement to a 'whole of job' fee structure in the Magistrates' Court, replacing grants on an appearance basis. A single fee will relate to conduct of a whole summary crime case, regardless of when and how that case resolves.
'Non-complex cases' - those classified as taking approximately 6.5 hours of work - will attract a flat fee of $754. Complex cases (expected to require 13 hours of work) will attract a fee of $1508, with an additional $116 if the matter proceeds to contest. The expectation is that 25% of cases will be classed as complex.
The VLA indicates that it -
will increase fees to private practitioners in criminal cases for committal hearings, bail applications, Children's Court cases and County Court Appeals. VLA has also committed to indexing fees in these areas.VLA notes that it -
The changes are designed to target areas of the criminal justice system where changes to fees have the potential to improve the operation of the system without compromising the interests of legally aided clients and will be implemented no later than 1 January 2011.
The changes follow the release of the Criminal Law Fee Structure Review Report and will be implemented in close consultation with the Office of Public Prosecutions (OPP) and the court. For example, if counsel are to negotiate effectively with the prosecution after committal then OPP systems need to be able to accommodate that process. Similarly, it is important that these processes are supported by court processes and judicial expectations. We are continuing productive discussions about these issues in the lead up to implementation.
initiated a review of its criminal law fee structure in early 2009 in response to a threat of withdrawal by private practitioners from undertaking legal aid work. Expenditure on criminal law approximates $56 million per annum. Total external expenditure associated with grants of legal aid for criminal law matters approximates $33.8 million per annum. Private practitioners assist 63% of legally aided clients in criminal law. The remaining 37% are assisted by staff practitioners. ... Private practitioner fees were last indexed in 2006 and 2007 by 2.5% and 2.4% respectively but have not increased since. In the past three years the real value of fees has been eroded by 9%, which is said to have contributed to the juniorisation of work, late preparation and concerns as to the quality of advocacy. ...
The review identified that the current fee structure does not appropriately incentivise early resolution and in particular, is not aligned with recent reforms to criminal procedure. Similarly, the current fee structure does not make appropriate allowance for complex cases, which may contribute to poor quality or inadequate preparation, as practitioners are forced to commit more time to a complex matter or client than that for which they are paid. A whole of job fee would be paid regardless of when and how a matter resolves. It would remove any suggestion of incentives for defence practitioners to delay proceedings. Under a whole of job fee it would be more cost effective for practitioners to resolve cases early rather than adjourn cases unnecessarily. This will in turn improve efficiencies in the criminal justice system and reduce court delays in cases finalising. Earlier appropriate resolution benefits accused people by limiting the time in which they are in contact with the criminal justice system. A whole of job fee would encourage flexible legal practice.
