Anna Patty | SMH | 27 December 2011
PEOPLE under the age of 18 are the most frequent users of Legal Aid services in NSW, research has found.
While the bulk of people who turn to Legal Aid for free legal assistance are adults charged with criminal offences, they usually only use the service once or twice.
Legal Aid NSW has profiled its most frequent users for the first time and has found that 90 per cent are children or young people under the age of 21.
The findings, published in its latest annual report this month, show the average age of young people making their first contact with Legal Aid is 13.
The study looked at Legal Aid clients who were returning for further help and who may not be getting their needs met.
Access to Legal Aid is means- and merit-tested for adults, but not for anyone under 18.
The study, which looked at the 50 most frequent users of the service between July 2005 and June last year, found one young person had used the service 159 times. More than three-quarters of frequent users of the service were Australian-born males.
''Not surprisingly, our high service users were concentrated almost entirely in our criminal law practice,'' the report said.
Three-quarters of the young people in frequent use of Legal Aid had been victims of neglect or had experienced violence in the home as children.
Almost half had been diagnosed with mental illness, a third had cognitive impairment and two-thirds had experienced being homeless.
''Too often, court is the critical and common intervention point,'' the report said.
''We share our high service users with many other agencies involved in the criminal justice and human services systems.''
The researchers suggested agencies including the Department of Community Services and Legal Aid could be working together more effectively to help resolve the complex needs of youth requiring frequent use of legal services.
The researchers said other studies had shown the number of children in out-of-home care had doubled between 2005 and 2010.
A review of the NSW juvenile justice system had said the increasing number of children and young people involved in child protection and out-of-home care systems suggests there will be an increasing number of children and young people at risk of entering the juvenile justice system in coming years.
Showing posts with label Legal Aid. Show all posts
Showing posts with label Legal Aid. Show all posts
Tuesday, December 27, 2011
Thursday, December 22, 2011
The cruelty and injustice of a poorly funded legal aid system
Elizabeth O'Shea and Nicole Papaleo | The Age | December 22, 2011
Imagine being jailed for something you didn't do and help is denied.
TERRY Irving found himself in the wrong place at the wrong time. In 1993, an armed robber held up a bank in Cairns and stole $6230. Meanwhile, Irving was at the nearby pub playing pool. A relaxed and generous man, he lent his car to a couple of blokes for the afternoon. He did not think further of it until he heard the police reporting information about the robbery over the radio, including his car registration. Irving was arrested and charged, despite not matching the physical description.
Irving's problems became a nightmare when his barrister failed to show up and he met his new one on the morning of the trial. Despite the hearing being listed for three days, he was convicted that afternoon and sentenced to eight years in prison.
Irving was denied legal aid funding for an appeal. He went on to represent himself and, unsurprisingly, lost.
Fortunately, Irving met legal aid solicitor Michael O'Keeffe while in jail. Many inmates will tell you they are innocent, but O'Keeffe was good enough to listen.
Together, they decided to take Irving's case to the High Court, a task that has cost countless hours of their lives. They applied for legal aid to do so. This was again denied; the reason is still unclear. When the High Court learnt of this, the judges immediately adjourned the hearing and ordered Irving to get legally aided representation.
With legal aid finally granted, the result was breathtaking. The chief justice at the time, Sir Gerard Brennan, expressed ''the gravest misgiving about the circumstances of this case … [It is] a very disturbing situation. And in all of this, the accused has been denied legal aid for his appeal.''
The conviction was quashed, unopposed by the Crown. A retrial was ordered, but Irving had to wait another year in limbo before the State of Queensland decided not to proceed with another prosecution.
Imagine being jailed for something you didn't do and help is denied.
TERRY Irving found himself in the wrong place at the wrong time. In 1993, an armed robber held up a bank in Cairns and stole $6230. Meanwhile, Irving was at the nearby pub playing pool. A relaxed and generous man, he lent his car to a couple of blokes for the afternoon. He did not think further of it until he heard the police reporting information about the robbery over the radio, including his car registration. Irving was arrested and charged, despite not matching the physical description.
Irving's problems became a nightmare when his barrister failed to show up and he met his new one on the morning of the trial. Despite the hearing being listed for three days, he was convicted that afternoon and sentenced to eight years in prison.
Irving was denied legal aid funding for an appeal. He went on to represent himself and, unsurprisingly, lost.
Fortunately, Irving met legal aid solicitor Michael O'Keeffe while in jail. Many inmates will tell you they are innocent, but O'Keeffe was good enough to listen.
Together, they decided to take Irving's case to the High Court, a task that has cost countless hours of their lives. They applied for legal aid to do so. This was again denied; the reason is still unclear. When the High Court learnt of this, the judges immediately adjourned the hearing and ordered Irving to get legally aided representation.
With legal aid finally granted, the result was breathtaking. The chief justice at the time, Sir Gerard Brennan, expressed ''the gravest misgiving about the circumstances of this case … [It is] a very disturbing situation. And in all of this, the accused has been denied legal aid for his appeal.''
The conviction was quashed, unopposed by the Crown. A retrial was ordered, but Irving had to wait another year in limbo before the State of Queensland decided not to proceed with another prosecution.
Tuesday, November 8, 2011
Legal aid: the new poor law
Editorial | The Guardian | 26 October 2011
Thousands of litigants will be denied legal support and forced to take charge of their own cases, without any clue about how to
Where you have notional rights, but not the means to enforce them, things always get messy. That much has been acknowledged since Henry VIII's day. A 1531 statute provided that subjects who could not afford court costs should not have to pay them – so long as they submitted to some other punishment, such as the pillory, in the event their case was lost.
Legal aid was designed to fill the justice gap for the poor in a more durable way. As it is rolled back through retrenching "reforms", the emerging disarray will make a pelting with rotten fruit seem like a tidy solution. Top judges are not given to opening their mouths unless they have something to say, and yet yesterday several supreme court justices told the Guardian about the disorderly logjam in prospect. Thousands of litigants will be denied legal support and forced to take charge of their own cases, without any clue about how to do so. It is like inviting people who have never even been car passengers to drive straight on to the motorway. And the court staff and clerks, who might previously have provided pointers away from the worst pile-ups, are being cut back as well.
Still worse damage will be done away from the courtroom. Whitehall dismisses the modestly paid solicitors who dedicate themselves to serving the poor as a "producer interest". But the pay freezes in prospect for other public servants are positively indulgent as compared to the hammering these professionals are already taking: yesterday Labour peer Lord Bach argued in vain against a statutory order for an outright cut of 10% in fees. Things will get very much worse with the legal aid, sentencing and punishment of offenders bill, which is coasting towards a third reading in the Commons next week. With the wholesale removal of state support from whole swaths of law, such as social security, the frail infrastructure of community law centres and advice bureaux could wither away. These not-for-profit outfits should be integral to any "big society", yet somehow their rent has to be paid, and, in practice, it has often been through legal aid fees. The government's own impact assessment does not disguise that very many will shut their doors.
A shame, but one that cannot be avoided in these fiscal climes, is the best argument ministers can muster. That really won't do. The Ministry of Justice might save but the exchequer will not do so, since unaided cases will soon translate into destitution that will continue to trigger costly interventions from various social services. A coalition that talks a good deal about English liberties should reflect on Lady Hale's reminder of an old saying, which is acquiring a chilling new resonance. "In England, justice is open to all – like the Ritz."
Thousands of litigants will be denied legal support and forced to take charge of their own cases, without any clue about how to
Where you have notional rights, but not the means to enforce them, things always get messy. That much has been acknowledged since Henry VIII's day. A 1531 statute provided that subjects who could not afford court costs should not have to pay them – so long as they submitted to some other punishment, such as the pillory, in the event their case was lost.
Legal aid was designed to fill the justice gap for the poor in a more durable way. As it is rolled back through retrenching "reforms", the emerging disarray will make a pelting with rotten fruit seem like a tidy solution. Top judges are not given to opening their mouths unless they have something to say, and yet yesterday several supreme court justices told the Guardian about the disorderly logjam in prospect. Thousands of litigants will be denied legal support and forced to take charge of their own cases, without any clue about how to do so. It is like inviting people who have never even been car passengers to drive straight on to the motorway. And the court staff and clerks, who might previously have provided pointers away from the worst pile-ups, are being cut back as well.
Still worse damage will be done away from the courtroom. Whitehall dismisses the modestly paid solicitors who dedicate themselves to serving the poor as a "producer interest". But the pay freezes in prospect for other public servants are positively indulgent as compared to the hammering these professionals are already taking: yesterday Labour peer Lord Bach argued in vain against a statutory order for an outright cut of 10% in fees. Things will get very much worse with the legal aid, sentencing and punishment of offenders bill, which is coasting towards a third reading in the Commons next week. With the wholesale removal of state support from whole swaths of law, such as social security, the frail infrastructure of community law centres and advice bureaux could wither away. These not-for-profit outfits should be integral to any "big society", yet somehow their rent has to be paid, and, in practice, it has often been through legal aid fees. The government's own impact assessment does not disguise that very many will shut their doors.
A shame, but one that cannot be avoided in these fiscal climes, is the best argument ministers can muster. That really won't do. The Ministry of Justice might save but the exchequer will not do so, since unaided cases will soon translate into destitution that will continue to trigger costly interventions from various social services. A coalition that talks a good deal about English liberties should reflect on Lady Hale's reminder of an old saying, which is acquiring a chilling new resonance. "In England, justice is open to all – like the Ritz."
Saturday, September 17, 2011
Legal aid chief quits amid demand for change
Geesche Jacobsen | SMH | 17 September 2011
THE chief executive of the NSW Legal Aid Commission, Alan Kirkland, has left his position days after a Herald report into a staff survey showing high levels of stress.
It is understood Mr Kirkland, 39, was called into a meeting with the Attorney-General, Greg Smith, on Wednesday and he announced his departure to staff and the board yesterday.
In a message to staff he said he was sorry to be leaving: ''This is the best job I've ever had - and I continue to think that.''
The survey into staff wellbeing, highlighting issues which had already emerged in two previous surveys in 2008 and 2009, was believed to have been just one factor in his demise.
Another was a controversial restructure of Legal Aid NSW, which led to disquiet among its board. A government review of this restructure is believed to have been critical of its objectives and implementation.
Under the restructure, the commission has increasingly focused on policy work, while solicitors appearing in courts reported stress, sleeplessness and time pressures.
Mr Smith said in a statement yesterday: ''Legal Aid NSW's principal function should be to provide people involved in criminal law and family law proceedings with access to affordable representation. In future, the Attorney-General would like to see Legal Aid NSW focusing on supporting its clients and staff to ensure its functions are delivered appropriately.''
It is believed the government will appoint a temporary chief executive from within the department of Attorney-General and Justice, and hopes to fill the position before the end of the year.
Mr Kirkland, was a former director of the NSW Council of Social Services, worked for the Australian Law Reform Commission and was a co-convener of the Gay and Lesbian Rights Lobby. He is a long-standing Labor supporter, but his politics are understood to have played little or no part in his departure.
Staff were understood to have been shocked by Mr Kirkland's departure. A statement issued on behalf of senior management praised his work for increasing the agency's budget and his commitment to young people, Aborigines and the disadvantaged.
''Alan is an exceptional manager who understood the business of Legal Aid NSW … and he will be greatly missed,'' the statement said.
THE chief executive of the NSW Legal Aid Commission, Alan Kirkland, has left his position days after a Herald report into a staff survey showing high levels of stress.
It is understood Mr Kirkland, 39, was called into a meeting with the Attorney-General, Greg Smith, on Wednesday and he announced his departure to staff and the board yesterday.
In a message to staff he said he was sorry to be leaving: ''This is the best job I've ever had - and I continue to think that.''
The survey into staff wellbeing, highlighting issues which had already emerged in two previous surveys in 2008 and 2009, was believed to have been just one factor in his demise.
Another was a controversial restructure of Legal Aid NSW, which led to disquiet among its board. A government review of this restructure is believed to have been critical of its objectives and implementation.
Under the restructure, the commission has increasingly focused on policy work, while solicitors appearing in courts reported stress, sleeplessness and time pressures.
Mr Smith said in a statement yesterday: ''Legal Aid NSW's principal function should be to provide people involved in criminal law and family law proceedings with access to affordable representation. In future, the Attorney-General would like to see Legal Aid NSW focusing on supporting its clients and staff to ensure its functions are delivered appropriately.''
It is believed the government will appoint a temporary chief executive from within the department of Attorney-General and Justice, and hopes to fill the position before the end of the year.
Mr Kirkland, was a former director of the NSW Council of Social Services, worked for the Australian Law Reform Commission and was a co-convener of the Gay and Lesbian Rights Lobby. He is a long-standing Labor supporter, but his politics are understood to have played little or no part in his departure.
Staff were understood to have been shocked by Mr Kirkland's departure. A statement issued on behalf of senior management praised his work for increasing the agency's budget and his commitment to young people, Aborigines and the disadvantaged.
''Alan is an exceptional manager who understood the business of Legal Aid NSW … and he will be greatly missed,'' the statement said.
Legal Aid lawyers speak out about stress
Brendan Trembath | The World Today | 12 September 2011
Listen to audio here
Listen to audio here
ELEANOR HALL: Lawyers who work for Legal Aid in New South Wales say they're insulted that their chief executive denies the organisation has a major problem with its staff's mental health and working conditions.
Alan Kirkland spoke to The World Today last week about a health survey which found that many legal aid workers felt stressed and overworked.
He said Legal Aid lawyers weren't as badly off as some other lawyers.
Brendan Trembath reports.
BRENDAN TREMBATH: Legal Aid lawyers represent the disadvantaged in all sorts of cases from the local courts to the High Court.
Last week the Legal Aid New South Wales chief executive Alan Kirkland tried to make the most of a recent staff survey which exposed high levels of stress. Staff also complained about sleeplessness and overwork.
ALAN KIRKLAND: I think that we knew that our staff were likely to report high levels of stress. One of the interesting things about it is that they are possibly not reporting such high levels of mental health issues as other lawyers because there has been a lot of work in the last few years around rates of depression, anxiety and even suicide among the legal profession.
And one thing the study suggests is perhaps Legal Aid lawyers are doing better than some other lawyers but despite that, they still face some very significant challenges in their work and we are keen to increase the support that we provide to them.
BRENDAN TREMBATH: Mr Kirkland's comments have caused more stress for his staff. One Legal Aid lawyer had this to say in a statement sent to The World Today.
EXTRACT FROM STATEMENT BY A LEGAL AID LAWYER: It is ludicrous for our CEO to claim there isn't really a problem with legal aid lawyer's mental health or our poor working conditions.
BRENDAN TREMBATH: Legal aid lawyers are technically public servants and are not allowed to speak to the media. They risk their careers when they break that rule.
EXTRACT FROM STATEMENT BY A LEGAL AID LAWYER: The Legal Aid solicitors are outraged and insulted that their CEO has trivialised in his interview with you the results of the mental health survey and put down his own staff as not really having a problem. This is despite the same issues being raised in 2008 and 2009.
BRENDAN TREMBATH: The lawyer says this is insulting from a CEO who is not a practising lawyer.
Alan Kirkland spoke to The World Today last week about a health survey which found that many legal aid workers felt stressed and overworked.
He said Legal Aid lawyers weren't as badly off as some other lawyers.
Brendan Trembath reports.
BRENDAN TREMBATH: Legal Aid lawyers represent the disadvantaged in all sorts of cases from the local courts to the High Court.
Last week the Legal Aid New South Wales chief executive Alan Kirkland tried to make the most of a recent staff survey which exposed high levels of stress. Staff also complained about sleeplessness and overwork.
ALAN KIRKLAND: I think that we knew that our staff were likely to report high levels of stress. One of the interesting things about it is that they are possibly not reporting such high levels of mental health issues as other lawyers because there has been a lot of work in the last few years around rates of depression, anxiety and even suicide among the legal profession.
And one thing the study suggests is perhaps Legal Aid lawyers are doing better than some other lawyers but despite that, they still face some very significant challenges in their work and we are keen to increase the support that we provide to them.
BRENDAN TREMBATH: Mr Kirkland's comments have caused more stress for his staff. One Legal Aid lawyer had this to say in a statement sent to The World Today.
EXTRACT FROM STATEMENT BY A LEGAL AID LAWYER: It is ludicrous for our CEO to claim there isn't really a problem with legal aid lawyer's mental health or our poor working conditions.
BRENDAN TREMBATH: Legal aid lawyers are technically public servants and are not allowed to speak to the media. They risk their careers when they break that rule.
EXTRACT FROM STATEMENT BY A LEGAL AID LAWYER: The Legal Aid solicitors are outraged and insulted that their CEO has trivialised in his interview with you the results of the mental health survey and put down his own staff as not really having a problem. This is despite the same issues being raised in 2008 and 2009.
BRENDAN TREMBATH: The lawyer says this is insulting from a CEO who is not a practising lawyer.
Friday, September 16, 2011
NSW Legal Aid chief stood down
Marianna Pappadakis | The Leader | 16 September 2011
NSW Legal Aid chief executive officer Alan Kirkland has been stood down.
A spokesman for NSW Attorney General Greg Smith confirmed Mr Kirkland's dismissal but did not say on what grounds.
''Legal Aid NSW’s principal function should be to provide people involved in criminal law and family law proceedings with access to affordable representation,'' the spokesman said.
''In future, the attorney general would like to see the commission focusing on supporting its clients and staff to ensure its functions are delivered appropriately.''
Mr Kirkland has been chief executive officer of NSW Legal Aid since July 2008 and was appointed by NSW Attorney General John Hatzistergos under an annual performance agreement until July 2013.
He was previously executive director of the Australian Law Reform Commission from 2004 to 2008.
Before this he was a director of community access with the NSW Department of Ageing, Disability and Home Care and a director of the NSW Council of Social Service as well as a member on the boards of non-government organisations.
He was also a member of the Commonwealth Social Security Appeals Tribunal (Cth) and NSW Administrative Decisions Tribunal.
He has been described previously by media as a long-standing ALP supporter.
He sought preselection as a Labor councillor to South Sydney Council in 1999.
He was also a co-convener of the NSW Gay and Lesbian Rights Lobby.
A NSW Legal Aid spokeswoman did not comment but provided a statement of appreciation of Mr Kirkland's work.
She said Mr Kirkland declined to comment.
The statement by NSW Legal Aid said deputy chief executive officer Patricia O'Farrell and executive directors extended their "warm thanks and sincere appreciation to Mr Kirkland".
The board said it was ''shocked'' by Mr Kirkland's departure and NSW Legal Aid would continue to focus on delivering the highest quality services to our clients.
''Over the last three years we have been fortunate to be led by Alan Kirkland through a period of successful growth and change,'' the statement said.
The statement said legal services for disadvantaged people across NSW increased ''significantly'' during Mr Kirkland's time as CEO of legal services.
''Services to rural and regional clients, in particular, have expanded,'' it said.
''Under Alan's insightful and distinguished three year stewardship the annual operating budget for Legal Aid NSW increased by 17 per cent.
''Alan will be remembered for developing rapid, innovative legal responses to meet emerging legal needs. He also worked hard to bring all segments of the broader legal assistance sector together to deliver better services for clients.
''Alan is an exceptional manager who understood the business of Legal Aid NSW.
''Above all Alan is approachable, considered, transparent and efficient. We respect the role that he has played as CEO of Legal Aid NSW and he will be greatly missed.''
The statement said Mr Kirkland led legal aid commissions nationally in 2010 in negotiating a new national partnership agreement on legal assistance services with the Commonwealth which delivered a 20 per cent increase to the base Commonwealth funding of NSW Legal Aid NSW, the first funding increase in more than a decade.
It said Mr Kirkland's contributions to the negotiations were recognised this year when he was appointed chair of the National Legal Assistance Advisory Body on issues affecting the legal assistance system.
''He commissioned a detailed analysis of trends in NSW Legal Aid criminal law expenditure in order to better understand the cost drivers in crime and position us to meet increases in demand for our services.
''He worked effectively to implement the recommendations of the NSW Trial Efficiency Working Group aimed at providing experienced and skilled counsel to run complex legally aided trials.
''Alan is a passionate advocate for increased legal services for Aboriginal people and people in rural and regional areas of NSW.
''Alan argued strongly, within government, for bail reform and was committed to finding innovative ways to help our most marginalised clients, particularly children in out of home care and homeless people. He was heavily involved in efforts to reduce the unacceptably high rates of incarceration of young people in juvenile detention centres.''
As NSW Legal Assistance Forum chairman, he was ''committed to building a consensus amongst non government agencies to deliver the best possible services to people needing legal help''.
NSW Legal Aid chief executive officer Alan Kirkland has been stood down.
A spokesman for NSW Attorney General Greg Smith confirmed Mr Kirkland's dismissal but did not say on what grounds.
''Legal Aid NSW’s principal function should be to provide people involved in criminal law and family law proceedings with access to affordable representation,'' the spokesman said.
''In future, the attorney general would like to see the commission focusing on supporting its clients and staff to ensure its functions are delivered appropriately.''
Mr Kirkland has been chief executive officer of NSW Legal Aid since July 2008 and was appointed by NSW Attorney General John Hatzistergos under an annual performance agreement until July 2013.
He was previously executive director of the Australian Law Reform Commission from 2004 to 2008.
Before this he was a director of community access with the NSW Department of Ageing, Disability and Home Care and a director of the NSW Council of Social Service as well as a member on the boards of non-government organisations.
He was also a member of the Commonwealth Social Security Appeals Tribunal (Cth) and NSW Administrative Decisions Tribunal.
He has been described previously by media as a long-standing ALP supporter.
He sought preselection as a Labor councillor to South Sydney Council in 1999.
He was also a co-convener of the NSW Gay and Lesbian Rights Lobby.
A NSW Legal Aid spokeswoman did not comment but provided a statement of appreciation of Mr Kirkland's work.
She said Mr Kirkland declined to comment.
The statement by NSW Legal Aid said deputy chief executive officer Patricia O'Farrell and executive directors extended their "warm thanks and sincere appreciation to Mr Kirkland".
The board said it was ''shocked'' by Mr Kirkland's departure and NSW Legal Aid would continue to focus on delivering the highest quality services to our clients.
''Over the last three years we have been fortunate to be led by Alan Kirkland through a period of successful growth and change,'' the statement said.
The statement said legal services for disadvantaged people across NSW increased ''significantly'' during Mr Kirkland's time as CEO of legal services.
''Services to rural and regional clients, in particular, have expanded,'' it said.
''Under Alan's insightful and distinguished three year stewardship the annual operating budget for Legal Aid NSW increased by 17 per cent.
''Alan will be remembered for developing rapid, innovative legal responses to meet emerging legal needs. He also worked hard to bring all segments of the broader legal assistance sector together to deliver better services for clients.
''Alan is an exceptional manager who understood the business of Legal Aid NSW.
''Above all Alan is approachable, considered, transparent and efficient. We respect the role that he has played as CEO of Legal Aid NSW and he will be greatly missed.''
The statement said Mr Kirkland led legal aid commissions nationally in 2010 in negotiating a new national partnership agreement on legal assistance services with the Commonwealth which delivered a 20 per cent increase to the base Commonwealth funding of NSW Legal Aid NSW, the first funding increase in more than a decade.
It said Mr Kirkland's contributions to the negotiations were recognised this year when he was appointed chair of the National Legal Assistance Advisory Body on issues affecting the legal assistance system.
''He commissioned a detailed analysis of trends in NSW Legal Aid criminal law expenditure in order to better understand the cost drivers in crime and position us to meet increases in demand for our services.
''He worked effectively to implement the recommendations of the NSW Trial Efficiency Working Group aimed at providing experienced and skilled counsel to run complex legally aided trials.
''Alan is a passionate advocate for increased legal services for Aboriginal people and people in rural and regional areas of NSW.
''Alan argued strongly, within government, for bail reform and was committed to finding innovative ways to help our most marginalised clients, particularly children in out of home care and homeless people. He was heavily involved in efforts to reduce the unacceptably high rates of incarceration of young people in juvenile detention centres.''
As NSW Legal Assistance Forum chairman, he was ''committed to building a consensus amongst non government agencies to deliver the best possible services to people needing legal help''.
Wednesday, September 7, 2011
Legal aid lawyers buckle under work stress
Geesche Jacobsen | SMH | 6 September 2011
A STAFF health survey within Legal Aid NSW has exposed high levels of stress, concerns about the bullying of criminal lawyers and found that workers compensation claims for its criminal solicitors are running at twice the national average.
Coming as the government prepares to review the provision and funding of legal services in NSW, the survey found that 13 per cent of claims within the service are due to mental health problems.
The survey reports solicitors have had to interview clients in the street because of a lack of facilities. Inadequate resources and slow computer systems also contributed to their frustrations. Some lawyers said they were not always fully briefed at the start of a trial, had inadequate information to manage their cases and were poorly trained to handle emotionally charged situations.
Sources suggest legal aid solicitors sometimes see as many as 30 clients a day, allowing less than 15 minutes per consultation. Some solicitors outside of the Sydney CBD are understood to manage as many as 120 cases every month.
Last month, the Attorney-General, Greg Smith, informed staff of a government review of the provision of legal assistance to the community. The review will make some recommendations on how to improve services, especially to disadvantaged groups, but will do so considering ''the level of funding provided''.
Mr Smith has previously announced a review of the amount of legal work contracted out to the private sector. The review might also examine a controversial restructure of Legal Aid, which was announced late last year.
The health survey found 65 per cent of staff reported sleep difficulties and 36 per cent said they felt stressed at least once a day. The pace of work and time pressures were listed as major sources of stress. Staff felt bullied by managers or supervisors and reported problems with conflicting demands and burnout.
Many said the workplace culture encouraged ''toughing it out'' in difficult situations and seeking help was stigmatised.
They also mentioned the extreme emotional demands of their job, and many reported their clients were violent or aggressive and had unrealistic expectations.
About two-thirds of the administrative and legal staff of Legal Aid's criminal law division took part in the survey, but the report's authors admitted that results from more detailed focus groups were not random and ''influenced somewhat by … [staff] work commitments''.
It has taken more than a year to produce the results of the survey, which mirrors the complaints of two earlier surveys involving legal aid staff in 2008 and 2009.
The chief executive of Legal Aid NSW, Alan Kirkland, said he was taking the issue very seriously and would develop an ''organisational health and wellbeing strategy'' focusing on mental health, the training of managers and changes to the workplace culture.
''It is always a reality that Legal Aid will have a large workload. What we need to do is make sure that it's fairly shared,'' he said.
''What the report suggests is that most of our staff are in good health and possibly doing better than other lawyers.''
While the survey found staff reported similar levels of ''psychological distress'' to the general population, it also found there was a higher proportion of those with severe symptoms of stress, anxiety and depression. The survey also found the staff surveyed felt committed to their work and many enjoyed working towards social justice objectives.
''Many of the stressors raised by staff in the present study are inherent to the work they do and the environment in which they do it,'' the study concluded.
A STAFF health survey within Legal Aid NSW has exposed high levels of stress, concerns about the bullying of criminal lawyers and found that workers compensation claims for its criminal solicitors are running at twice the national average.
Coming as the government prepares to review the provision and funding of legal services in NSW, the survey found that 13 per cent of claims within the service are due to mental health problems.
The survey reports solicitors have had to interview clients in the street because of a lack of facilities. Inadequate resources and slow computer systems also contributed to their frustrations. Some lawyers said they were not always fully briefed at the start of a trial, had inadequate information to manage their cases and were poorly trained to handle emotionally charged situations.
Sources suggest legal aid solicitors sometimes see as many as 30 clients a day, allowing less than 15 minutes per consultation. Some solicitors outside of the Sydney CBD are understood to manage as many as 120 cases every month.
Last month, the Attorney-General, Greg Smith, informed staff of a government review of the provision of legal assistance to the community. The review will make some recommendations on how to improve services, especially to disadvantaged groups, but will do so considering ''the level of funding provided''.
Mr Smith has previously announced a review of the amount of legal work contracted out to the private sector. The review might also examine a controversial restructure of Legal Aid, which was announced late last year.
The health survey found 65 per cent of staff reported sleep difficulties and 36 per cent said they felt stressed at least once a day. The pace of work and time pressures were listed as major sources of stress. Staff felt bullied by managers or supervisors and reported problems with conflicting demands and burnout.
Many said the workplace culture encouraged ''toughing it out'' in difficult situations and seeking help was stigmatised.
They also mentioned the extreme emotional demands of their job, and many reported their clients were violent or aggressive and had unrealistic expectations.
About two-thirds of the administrative and legal staff of Legal Aid's criminal law division took part in the survey, but the report's authors admitted that results from more detailed focus groups were not random and ''influenced somewhat by … [staff] work commitments''.
It has taken more than a year to produce the results of the survey, which mirrors the complaints of two earlier surveys involving legal aid staff in 2008 and 2009.
The chief executive of Legal Aid NSW, Alan Kirkland, said he was taking the issue very seriously and would develop an ''organisational health and wellbeing strategy'' focusing on mental health, the training of managers and changes to the workplace culture.
''It is always a reality that Legal Aid will have a large workload. What we need to do is make sure that it's fairly shared,'' he said.
''What the report suggests is that most of our staff are in good health and possibly doing better than other lawyers.''
While the survey found staff reported similar levels of ''psychological distress'' to the general population, it also found there was a higher proportion of those with severe symptoms of stress, anxiety and depression. The survey also found the staff surveyed felt committed to their work and many enjoyed working towards social justice objectives.
''Many of the stressors raised by staff in the present study are inherent to the work they do and the environment in which they do it,'' the study concluded.
Subscribe to:
Posts (Atom)