Fed: Govt to set up fund for expensive c wealth legal cases

AAP General News (Australia)
12-21-1999
Fed: Govt to set up fund for expensive c wealth legal cases

CANBERRA, Dec 21 AAP - The federal government today announced it would establish a
fund to pay for expensive commonwealth criminal cases which were draining vital legal
aid resources.

Attorney-General Daryl Williams said the fund would allow more legal aid money to be
spent on family law matters, particularly in the smaller states and territories.

"Expensive commonwealth cases for which legal aid is sought are typically complex corporations
fraud matters or drug importation cases," Mr Williams said.

The fund would receive $9 million over the next four and a half years, including $5
million taken from a surplus of funds from Victoria Legal Aid.

Mr Williams said a key High Court ruling had shown defendants might avoid prosecution
for serious offences unless they were able to get legal representation.

"It is untenable that defendants might avoid prosecution for serious commonwealth offences
due to their inability to afford legal representation," he said.

"It is also of concern that other people are less able to get legal aid because so
much money must be spent on these expensive cases."

Law Council of Australia president Gordon Hughes welcomed the government's move.

"The Law Council has been concerned for some time that people accused of committing
major offences are sometimes having to have their trial stayed because of a lack of available
commonwealth legal aid funding, and this has frustrated the criminal justice system,"

Dr Hughes said.

But he said about $15 million would be needed over the next three years for the fund
to operate properly.

Opposition legal affairs spokesman Robert McClelland dismissed the $9 million as a
cosmetic measure which would do little to improve access to justice for Australians.

"This is another band-aid measure which will have little impact on the difficulties
faced by ordinary Australians in obtaining legal aid, particularly those who require assistance
in Family Court matters," Mr McClelland said.

Once the $5 million being reallocated from Victoria Legal Aid was taken into account,
the government's new spending amounted to less than $1 million per year, he said.

"In the context of the whole of the commonwealth legal aid budget, this gesture will
do little to free up legal aid funding for people in need."

AAP daw/apm

KEYWORD: FUND

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