Law Council Justice Project Report

The Law Council has released the final report of its Justice Project, characterised as a

national, comprehensive review into the state of access to justice in Australia for people experiencing significant disadvantage. It is one of the most extensive reviews of its type in 40 years.... 

Focussing on 13 priority groups identified as facing significant social and economic disadvantage, the final report shines a light on justice issues for these groups by undercovering systemic flaws and identifying service gaps. It also highlights what is working well. 

The constructive, informed recommendations in the final report provide a roadmap for future action, building the case for new, whole-of-government justice strategies secured by appropriate funding. ... 

The Justice Project is one of the most significant pieces of work the Law Council has ever undertaken: a landmark project examining the state of access to justice in Australia, particularly for disadvantaged people. The Law Council of Australia has contributed significant resources over many years to improving the quality of access to justice for all. It has developed sophisticated policies and materials underpinned by sound economic analysis and findings of parliamentary inquiries and commissions, numerous approaches to parliamentarians. Despite nods of agreement from all, there was no impetus for change. 

This Project was inspired by the realisation of a simple truth - that despite our lofty commitment to equality before the law, for many tens of thousands of Australians, equality, and justice, remain out of reach. 

We accept this situation as inevitable when it is not. We do so perhaps because we consider the cost of access to justice for all is too high. Or perhaps because we do not understand the devastating impact of injustice upon lives, because the voices of those denied justice are not heard. 

It was my intention that we give a voice to those who are most vulnerable to the impacts of this inequality.

The report features the following recommendations

People – Building Legal Capability and Awareness Chapter 

1.1 The future design of justice and related administrative systems should be nuanced, evidence-based and people-centred. It should be informed by, and responsive to, the likely legal capability - the knowledge, skills and readiness to act - of target users, given that it is often pivotal to their ability to negotiate such systems effectively. 

1.2 In implementing: • Recommendation 2.1, regarding the need for substantial additional investment in legal assistance services; and • Recommendation 2.7, regarding dedicated funding to pursue technological innovation in the delivery of legal services to clients through evidence-based approaches, specific funding should be available to ensure that tailored, effective, and accessible Community Legal Education and Information (‘CLEI’) strategies meet the needs of diverse Justice Project priority groups, having regard to lack of legal awareness and capability as a formidable, frequent barrier and CLEI as a key preventative tool in achieving access to justice. 

1.3 Recognising the value of community awareness campaigns in reducing or addressing legal need, Commonwealth, state and territory governments should initiate or extend such campaigns to: • overcome a lack of awareness of specific legal issues amongst key priority groups, including amongst people with intersectional disadvantage; and • overcome broader community discrimination, misperceptions and/or stigma which contribute to poor justice outcomes, including with respect to: • elder abuse; • family violence; and • race, gender, disability, LGBTI+ and age-based discrimination. Campaigns to increase community awareness of poorly understood, widespread legal issues should be accompanied by increased resourcing to legal services to accommodate additional demand. 

1.4 The Law Council recognises and accepts responsibility for engaging with the Australian Curriculum, Assessment and Reporting Authority regarding the inclusion of targeted measures to support the Australian Curriculum: Civics and Citizenship to build practical knowledge of everyday legal issues and how to address them effectively. 

Legal Services Chapter 

2.1 Commonwealth, state and territory governments should invest significant additional resources in Legal Aid Commissions, Community Legal Centres, Aboriginal and Torres Strait Islander Legal Services, and Family Violence Prevention Legal Services to address critical civil and criminal legal assistance service gaps. This should include, at a minimum, $390 million per annum. 

2.2 Commonwealth, state and territory government funding for legal assistance service services should be determined by way of a transparent and evidence-based funding model that provides adequate, predictable, sustainable and long-term funding. • This model should be based upon evidence regarding legal need, provided through periodic legal need surveys as specified at Recommendation 7.8. • The Council of Attorneys-General should commission independent actuarial work which assesses the funding which is required to meet the shortfall in unmet legal need. • Consideration should also be given to agreeing national targets of the Australian population which should be covered by legal assistance services, having regard to their different roles, services and objectives. 

2.3 The Law Council recognises and accepts responsibility for cooperating with pro bono organisations to ensure ongoing improvement in the recognition, encouragement, referral and adoption of best practice with respect to pro bono legal services. 

2.4 The Law Council recognises and accepts responsibility undertaking future complementary research and the development of a position paper which focuses on the needs of ‘the missing middle’ and the most effective strategies available to the private legal profession, amongst others in the profession, to assist this group to access legal assistance. 

2.5 To enable legal assistance services to build and maintain trust with individuals and communities who need legal help, governments should: • prioritise adequate, predictable, sustainable and long-term funding models for these services under Recommendation 2.2; and • provide ongoing funding pathways to enable innovative pilots and community- led initiatives which have demonstrated success to flourish longer-term, with specific funding allocated for their evaluation. 

2.6 Commonwealth, state and territory governments should resource legal assistance services to employ non-legal liaison officers, such as Aboriginal and Torres Strait Islander, cultural, disability or youth liaison officers, to reach and build trust with specific client groups who have high levels of legal need but are unlikely to seek help, and to resolve clients’ non-legal needs effectively. 

2.7 Technological innovation should be pursued in the delivery of legal services to clients experiencing disadvantage, including through dedicated funding streams and having regard to identified examples of what works in this area. At the same time, it should be recognised that digitally excluded groups may be left behind by technological innovation without due care being taken. 

2.8 The Law Council recognises and accepts responsibility for: • building on existing efforts to promote greater diversity within the legal profession, by seeking to increase its proportion of people who are culturally and linguistically diverse, LGBTI+, Aboriginal and Torres Strait Islander, people with disability and older people; • adopting positive measures to increase and welcome diversity amongst the legal profession’s client base; • conducting a stocktake of the professional development training and other tailored resources available to assist the legal profession to build cultural competence, service accessibility and a more informed understanding of the diverse needs of people experiencing disadvantage, and act to address gaps; and • working with the Council of Deans, promote measures to build a stronger undergraduate understanding of the social, economic and cultural context of the law and its operation with respect to people experiencing disadvantage. 

2.9 As well as increasing support for Aboriginal and Torres Strait Islander community- controlled organisations to deliver legal services under Recommendation 7.2, governments should increase their funding and support for legal assistance services to deliver culturally safe, informed and accessible services to their core client populations, including through training and workplace diversity strategies. 

2.10 Specialist legal assistance services should be supported to expand their reach, particularly to overcome geographic and jurisdictional inequity of access, including through outreach and referral networks. 

2.11 Governments, peak legal assistance and legal professional bodies should cooperate to develop: • strategies to overcome conflict of interest issues which preclude many disadvantaged people from accessing justice, including through additional investment to address a scarcity of legal services, minimum servicing standards and innovative approaches such as dedicated conflict of interest locums; and • rural, regional and remote (‘RRR’) access to justice strategies to ensure an appropriate and tailored mix of services, publicly funded and private, in areas of critical need. These strategies should be planned and tailored to meet regional circumstances, and may include: rural placement, mentoring and incentive schemes, resourcing additional legal services, increasing legal aid rates, and strengthening practitioner referral networks (including to facilitate pro bono assistance). 

2.12 Commonwealth, state and territory governments should fund and recognise the value of systemic law reform and policy advocacy work by legal assistance providers. 

2.13 Commonwealth, state and territory governments should amend the National Partnership on Legal Assistance Services to remove the restriction on the use of Commonwealth funding by community legal centres to undertake law reform and policy advocacy work. 

2.14 Commonwealth, state and territory governments should fund and support multi- disciplinary collaborations and service delivery approaches which address legal and non-legal needs, including health-justice partnerships and culturally safe, holistic service models delivered by community-controlled organisations. These should be underpinned by funding, policy and reporting frameworks which are stable, streamlined, and break down siloed portfolio approaches. 

2.15 Legal assistance peak bodies and Health Justice Australia should, supported by the Law Council, pursue sector-to-sector partnerships which facilitate the expansion and delivery of multi-disciplinary collaborations to address legal and non-legal needs, and identify how key challenges can be overcome. 

2.16 Governments should better support the legal professionals who deliver justice to marginalised groups, recognising their invaluable role in serving the community and preventing downstream costs to communities and individuals, by implementing relevant recommendations in this chapter. The role of the Law Council in implementing its respective recommendations in this chapter is also essential. 

Dispute Resolution Chapter 

3.1 As part of Recommendation 7.8 (increasing the evidence base) governments should resource research bodies to undertake further independent research into the suitability of various alternative dispute resolution (‘ADR’) models for different groups of people experiencing disadvantage, noting that there is a lack of detailed research in this area. This research should investigate the benefits and risks of ADR models, and the necessary safeguards, accommodations and support which are needed to address any risks and to increase accessibility for different client groups. 

3.2 Governments should consider funding the expansion of appropriate models of legally assisted ADR for more vulnerable client groups at risk of power imbalances, such as elder abuse and family violence victims. Relevant models include Legal Aid Commission Family Dispute Resolution programs, which employ safeguards including screening out inappropriate cases, ‘shuttle’ or remote conferencing and specially trained mediators. 

3.3 Governments should support research into effective strategies to promote awareness of Ombudsmen and other complaint handling mechanisms amongst different groups of people experiencing disadvantage, having regard to the common pathways to this form of assistance that such groups commonly take. 

Courts and Tribunals Chapter 

4.1 It is of critical importance that the Commonwealth Government, working with state and territory governments, commission a full review of the resourcing needs of the judicial system, noting that there has not been any such review in recent decades. Alongside this review, governments should facilitate an open public discussion about the economic, social and civic importance of meeting the resourcing needs of courts and tribunals. 

4.2 As a minimum standard, every tribunal should have the power to allow a party to be represented in proceedings, where it is deemed necessary to ensure a fair outcome in the proceedings, such as: • if there is a power imbalance between the parties, for example the other party is evidently a repeat player or a professional advocate; • a party clearly lacks legal capability; • a party is particularly vulnerable – such as a potential victim of family violence or elder abuse; and • the consequences of decision-making are highly significant to individual lives. Guidelines should be developed to assist tribunals to exercise this power consistently with the minimum standard. 

4.3 Guidelines regarding the applicability and use of fee exemptions and waivers should be made clearer and, as much as possible, more publicly known to court participants. Exemption categories and court discretion to grant exemptions should also be reviewed and broadened in certain jurisdictions. Transcript fee waivers should be generally available to clients of legal assistance services and pro bono services. 

4.4 State and territory governments should support the expansion and evaluation of communication intermediary schemes across Australian jurisdictions, involving appropriately qualified, trained and remunerated communication intermediaries who provide impartial and independent advice to the judicial system regarding the person’s communication needs. 

4.5 Commonwealth, state and territory evidence laws should be reviewed and, where appropriate, amended to allow and prompt a more flexible approach to adducing evidence from witnesses with complex communication needs. South Australian legislation could provide a model with respect to vulnerable witnesses, such as those with cognitive impairment or intellectual disability. 

4.6 Australian courts and tribunals should review their current interpreter practices and procedures against the recommended standards set out in the Judicial Council of Cultural Diversity’s Recommended National Standards for Working with Interpreters in Courts and Tribunals. Governments should provide courts and tribunals with adequate resources to ensure all courts and tribunals can implement these standards. 

4.7 The National Judicial College of Australia should consider establishing a dedicated disability committee with experts on disability, including people with lived experience of disability. A primary purpose of the committee would be to develop and promote disability training for the judges, magistrates and tribunal members, with the overarching aim of championing cultural change and promoting judicial leadership with regards to disability. It would work closely with disability advocacy groups and people with lived experience of disability. 

4.8 Following a mapping exercise regarding jurisdictional and/or regional need, state and territory governments should establish additional, and continue to support existing, specialist Aboriginal and Torres Strait Islander sentencing courts. Aboriginal and Torres Strait Islander people and organisations should be involved in the design, establishment and evaluation of specialist Aboriginal and Torres Strait Islander sentencing courts. 

4.9 Where required, courts and tribunals should be sufficiently resourced to employ, on an ongoing basis, cultural liaison officers or coordinators. 

4.10 Governments should provide additional,ongoing funding and resources to maintain and, where required, expand rural and remote circuit courts, having regard to their important function in upholding the rule of law and fostering community engagement through a tangible local presence. 

4.11 Where courts are not already doing so, they should be resourced to develop and implement community engagement initiatives with marginalised members of the community who tend to distrust the justice system. Data collection, monitoring and evaluation of such initiatives should be prioritised and developed in consultation with key stakeholders. 

4.12 Further research should be undertaken to build the evidence base for the effectiveness of online courts, tribunals and dispute resolution forums in Australia in assisting people experiencing disadvantage. In particular, governments should prioritise research and policy development regarding: • the forums in which online courts and tribunals are most appropriate; • the availability of sufficient technology to support their effective uptake, particularly in rural, regional and remote areas; • the relative benefits and disadvantages of online courts and tribunals, and to which parties these apply; • their likely impact upon disadvantaged online court and tribunal users, having regard to their technological and legal capability; and • the necessary safeguards which are needed to support disadvantaged users. 

4.13 Having regard to the benefits of facilitatingamoreholisticandcomprehensive resolution of a legal matter and promoting positive behavioural change in participants, and identified best practice examples, both mainstream courts and specialist courts should support the development and implementation of therapeutic jurisprudence and problem-solving approaches to judging for appropriate matters. 

4.14 Giventhatproblem-solvingcourtsandtherapeuticjurisprudence-basedjudgingare only effective if underpinned by alternative, non-custodial sentencing options and diversionary programs, state and territory governments should: • ensure there is legislative support for such sentencing options; and • in line with Recommendation 5.5, invest in accessible, disability-responsive and culturally appropriate support services and diversionary programs to underpin non-custodial supervisory sentences, especially in rural, regional and remote areas to ensure that there is greater parity with urban areas. 

4.15 The National Judicial College of Australia or the Australasian Institute of Judicial Administration should continue to support the development of training for the judiciary regarding the practical application of therapeutic jurisprudence in diverse areas of judging, including in both mainstream courts and specialist courts. 

Critical Support Services Chapter 

5.1 Governments should prioritise support for prevention and early intervention approaches to avoid downstream legal problems. While the exact approaches required will vary depending upon the population and region targeted, and not all services are required for all groups, these relevantly include: • holistic family support services; • mental health services; • drug and alcohol rehabilitation services; • healing, resilience and strength-based programs amongst Aboriginal and Torres Strait Islander peoples; • youth engagement and diversionary programs for young people at risk; • settlement orientation programs for recent arrivals; • behavioural change programs to overcome family violence; and • administrative assistance to obtain key identity documents and drivers licences for people in remote areas and recent arrivals. 

5.2 As part of the preventative and early intervention approaches outlined under Recommendation 5.1, Commonwealth, state and territory governments should expand their support for piloting justice reinvestment initiatives. They should also establish a national, independent justice reinvestment body to provide expertise on these initiatives. 

5.3 Governments should implement a National Justice Interpreter Scheme which ensures that: • professional, appropriate and skilled interpreters are readily available and free to people from culturally and linguistically diverse backgrounds who cannot afford them, including Aboriginal and Torres Strait Islander peoples, recent arrivals, asylum seekers, and people who are trafficked and exploited, at all levels of the justice system, including legal assistance services; • interpreter services and courts are funded to enable the full implementation of the Judicial Council on Cultural Diversity’s Recommended National Standards for Working with Interpreters in Courts and Tribunals; and • the Productivity Commission’s Recommendation 22.3 regarding the development of a National Aboriginal and Torres Strait Islander Interpreter Service is implemented. 

5.4 The role of disability support workers and advocates should be expanded to assist people with disability who require it in their engagement with the justice system, particularly people with cognitive impairment or mental health conditions, to ensure fair procedure, supported decision-making, early intervention and successful exit strategies from institutions. 

5.5 State and territory governments should invest in accessible, disability-responsive and culturally appropriate support services that underpin non-custodial supervisory sentences in rural, regional and remote areas to ensure that there is greater parity with urban areas. 

5.6 State and territory governments should consider the introduction of Work and Development Order schemes, along the lines of the existing New South Wales model, in consultation with affected groups and their representative bodies. 

5.7 In order to increase the likelihood that prisoners and detainees can successfully reintegrate into the community and reduce rates of recidivism, Commonwealth, state and territory governments should prioritise: • prison/detention based therapeutic programs; • more widely available throughcare programs in custodial facilities and in the community; and • ensuring that people exiting prisons and detention facilities have access to secure and appropriate housing. Such programs should have a particular focus on meeting women’s needs, be culturally competent, and accessible to people with disability. They should also be more accessible to people on remand or on short sentences. 

5.8 Having regard to the multiple ways in which lack of housing contributes to and exacerbates poor justice outcomes, legal, policy and service frameworks should be improved to prioritise homelessness prevention, through investment in safe, secure and appropriate housing, including crisis housing, for groups who are at risk of homelessness. Investment in bail accommodation and bail support programs for remandees, and post-release accommodation for prisoners should also be prioritised. Funded housing services should be culturally competent and inclusive. 

5.9 State and territory governments should ensure that people with disability who have been found unfit to stand trial have access to alternative accommodation options that offer appropriate and joined-up services.  

Broader Justice System Players Chapter 

6.1 The Law Council, as advised by its constituent bodies, recognises and accepts responsibility for engaging with police representative bodies and/or relevant Ministers regarding the following proposals that police forces should: • review, and where necessary develop, protocols/guidelines, training and/or programs in the following areas: - promoting diversion from the criminal justice system where appropriate, including training on best practice approaches to exercising discretionary police powers; - ensuring appropriate identification of primary perpetrators of family violence in incident responses, and avoiding issuing dual orders inappropriately against both parties; - prioritising the protection of, and provision of support to, Aboriginal and Torres Strait Islander women and children subject to violence; - improving understanding of forms of family violence that are under- reported or under-serviced, such as within LGBTI+ or culturally and linguistically diverse communities; - increasing cultural competence of diverse groups’ needs and experiences of the justice system, more informed awareness and identification of people with disability and referrals to appropriate support, and trauma-informed responses; - addressing concerns regarding over-policing and under-policing with respect to particular groups, including Aboriginal and Torres Strait Islander people, people with disability, family violence victims and recent arrivals; • expand diversity strategies, including employing additional police from diverse backgrounds and additional police liaison roles; • expand partnerships with community organisations representing people experiencing disadvantage, including with Aboriginal and Torres Strait Islander leadership; • review accountability and complaints mechanisms in line with the Australian Law Reform Commission’s recent recommendations in its Pathways to Justice report; and • introduce custody notification services in all jurisdictions. 

6.2 The Law Council, as advised by its constituent bodies, recognises and accepts responsibility for engaging with detention bodies (prisons, youth detention and immigration detention centres) and/or relevant Ministers regarding the following proposals that these bodies should: • review, and where necessary establish protocols which facilitate access to legal advice by prisoners and detainees; • review, and where necessary adopt or expand training, guidelines and protocols to: - increase staff cultural competence and awareness; - build more informed awareness and identification of people with disability and referrals to appropriate support; - increase staff awareness of the prevalence and impacts of family violence amongst prisoners and detainees and ensure appropriate support; - refer prisoners and detainees to culturally secure, gender and disability informed rehabilitative programs; - better respond to the needs of LGBTI+ prisoners/detainees, including strategies for determining the placement of transgender and intersex people; - adopt trauma informed approaches more broadly. This may include, where appropriate, limiting internal prison processes such as strip- searching that can aggravate trauma; and • implement the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (‘OPCAT’) under compliance frameworks with clear accountability and transparency mechanisms. These frameworks should be developed by each state and territory, in consultation with the Commonwealth Government. 

6.3 Government agencies (for example, social security, immigration, housing, child protection) which frequently deal with people experiencing disadvantage, and whose frontline decisions can increase demands for civil legal assistance, should: • be responsive to the legal capabilities of target system users; • consult with key communities affected by administrative policies and practices to enable the design of responsive and accessible service delivery; • adopt plain English, accessible formats and the use of translators/interpreters in dealings and correspondence with the public; • design internal departmental processes to handle complaints or mistakes to provide clear explanations to clients in accordance with a fair process; • resource independent, accessible complaint systems, equipped with effective investigative and reporting powers; and • enable effective recourse to judicial review for administrative decision-making, as well as full merits review for administrative decisions that will, or are likely to, affect the interests of a person. 

6.4 A national review of Aboriginal and Torres Strait Islander children in child protection, and associated state and territory laws and practices should be conducted, in line with the Australian Law Reform Commission’s recent recommendations. As indicated at Recommendation 7.7, this should be complemented by a national target to eliminate the over-representation of Aboriginal and Torres Strait islander children in out-of-home care as part of the Closing the Gap Framework. Addressing barriers to the full implementation of the Aboriginal and Torres Strait Islander Child Placement Principle should be a priority. 

Governments and Policymakers Chapter 

7.1 A Council of Australian Governments Access to Justice Framework should be developed to engender a stronger cross-jurisdictional, whole-of-government commitment towards ensuring access to justice. This would commit to: • whole-of-government recognition of access to justice, including access to timely and effective legal assistance, as a fundamental ingredient in preventing and overcoming disadvantage, tackling complex social problems; avoiding downstream government expenditure, and underpinning Australian democracy and the rule of law; • driving a broader, less ‘siloed’ approach to justice issues through an agenda which addresses both legal and underlying needs through seamless approaches for different groups experiencing disadvantage; • seeking to understand different groups’ pathways into, through and out of the justice system, and targeting integrated responses to critical intervention points, including prevention and early intervention, crisis point and ‘exit’ strategies; • providing a conceptual basis for more targeted national strategies which are designed to address acute, interrelated social and justice issues amongst particular groups, such as those set out at Recommendation 7.7; • building systemic supports for flexible, tailored, and place-based solutions which build on local community strengths; • building the public’s understanding of everyday legal problems and how to address them; and • building a nationally consistent data collection system and stronger evidence base across the justice system. 

7.2 State and territory governments should provide substantial additional funding to Aboriginal and Torres Strait Islander community-controlled legal services, over and above Commonwealth funding levels, in line with the Productivity Commission’s 2014 recommendation. At the same time, the Commonwealth should increase its own contribution to these services, given the growing, critical unmet legal needs amongst Aboriginal and Torres Strait Islander peoples and the unique role of such services in meeting their needs. 

7.3 Justice Impact Tests should be introduced at the Commonwealth, state and territory level to facilitate the smoother development of laws and policies which have downstream impacts on the justice system. These tests should: • consider the United Kingdom Justice Impact model as a potential guide, including its principle of agency accountability for downstream justice system costs; • be mandatory for all government agencies and apply to justice impacts within both the civil and criminal justice systems; • be overseen by central treasury or finance agencies, as well as justice departments; • be conducted early in the policy development process; • mandate early engagement with key justice sector representatives, including the legal assistance sector, courts and tribunals, corrections, youth justice and legal professional peak bodies to identify and assess likely impacts; • incorporate mechanisms to account periodically for incremental and cumulative system impacts; and • be subject to consistent evaluation to improve impact assessment mechanisms over time. 

7.4 Commonwealth, state and territory governments should adopt law and policy development processes which ensure that the social impact of laws and policies upon diverse populations are better understood, measured and evaluated. These should: • have regard to the potential of laws and policies to entrench disadvantage, including through unforeseen consequences; • be evidence-based in their design, implementation and evaluation, particularly identifying their impacts upon different disadvantaged groups; • where appropriate, consider the adoption of non-legislative policy alternatives to resolve complex social problems, with an emphasis on addressing the underlying issues which drive individuals’ engagement with the justice system, particularly the criminal justice system; • be based on respect for, and meaningful engagement with, the communities they will affect, having regard to their lived experience; • include a stronger policy focus upon the needs and experiences of groups who are often ‘invisible’ in policymaking; • adopt a measured approach to law and policy development to facilitate better consultation and knowledge about their likely impacts; and • recognise and support the important role played by legal assistance services (Recommendations 2.12 and 2.13) and representative bodies in advocating for law and policy reform on behalf of people experiencing disadvantage. 

7.5 Commonwealth, state and territory governments should adopt Aboriginal Justice Impact Assessments to ensure that the consequences for Aboriginal and Torres Strait Islander people of law and policy decisions are adequately accounted for and considered, and to prompt more meaningful community engagement. 

7.6 Commonwealth, state and territory governments should (respectively, as appropriate) consider review and reform in the following priority areas of law, policy and practice, given their disproportionate impact on disadvantaged groups: • fines, penalty and infringement notices; • ‘law and order’ approaches, including the repeal of mandatory sentencing laws and reform of bail and parole laws and conditions which disproportionately affect such groups; • youth justice laws, policies and practices; • child protection systems, including their intersection with family violence protection systems; • public housing, tenancy and eviction; • unfitness to stand trial; • asylum seeker and immigration detention; and • certain social security laws and programs, particularly the Community Development Program and Cashless Debit Card Program. 

7.7 Commonwealth, state and territory governments should adopt comprehensive, whole-of-government strategies or initiatives to drive improvements in specific areas of concern, including: • the adoption of Closing the Gap targets and supporting frameworks to reduce rates of Aboriginal and Torres Strait Islander incarceration, family violence, and child removal; • state and territory Disability Justice Plans where these are currently lacking, incorporating a focus on the needs of groups experiencing intersectional disadvantage, including Aboriginal and Torres Strait Islander peoples; • establishing a Commonwealth LGBTI+ Human Rights Commissioner; and • incorporating state and territory government responsibilities into the next National Action Plan on Trafficking and Exploitation. 

7.8 Governments should lead a coordinated and sustained effort to improve data collection about the justice system and to fill knowledge gaps, particularly with respect to disadvantaged groups’ interaction with the system, to ensure that decision-making and law and policy development is evidence-based. Relevant gaps include: • a periodic Legal Australia Wide Survey as a general population survey, which is now well overdue; • more targeted periodic surveys which explore the legal needs, pathways followed and outcomes of different groups experiencing disadvantage within the justice system; • a serious commitment to learn ‘what works’, cost-effectively, for whom and in what circumstances to address community legal needs; • a coordinated, long-term effort between Commonwealth, state and territory governments, courts and tribunals, the profession and the legal assistance sector, to improve justice sector data consistency and reliability to ensure that it is useful and readily available for planning and monitoring; and • the establishment of an independent national justice reinvestment body, as recommended in Recommendation 5.2.