Increasing instances of domestic violence have put greater demand on the Federal Government to increase support for Legal Aid. However, Is there enough money left in the pot?
(Melbourne Federal Court)
Victorian Court Network user Kathryn experience of going to the Family and Magistrates Court has not been easy.
“The volunteers are the only people who care. Barristers are horrible, judges are horrific, and your lawyer doesn’t listen to you, because they only want to win,” Kathryn said with vigour.
Emotions of anger and bewilderment fill the hallways of the Family Courts in Victoria. Applicants nervously wait for their court session to begin accompanied by a volunteer with a lanyard around their neck which says Court Network.
The Network in Victoria uses volunteers to help victims of domestic violence pass through the court system. Their aim is to; “provide the community with volunteers who will stand besides, empower and instil confidence in all court users.”
The Network provides referrals to other legal centres for advice as well as attending court sessions with applicants, making sure that applicants / complainants arrive to court prepared for their ordeal.
The organisation has had ongoing funding issues. It was originally funded by the Federal Government however, several years ago they decided to make the Victorian State Government responsible for provision of this service. Cuts announced in March now mean the service won’t have any funding after July 1 2020.
In 2015 the service had its Federal funding severed as part of the National Partnership Agreement on Legal Assistance Services. However, at this time the Victorian State Government viewed the service as major benefit to the community and continued funding $130,000 per annum to the Network.
Last year the Legal Aid budget in Victoria was $9.8 million, for essential resources in Victorian Courts including support for the Court Network.
The Victorian State Government now considers that funding the service is no longer their responsibility. A Victorian Government spokesperson explained, “the Court Network provides support services in Commonwealth law courts, which is the responsibility of the Federal Government.”
Marica Neave AO, former Appeal Judge and President of the Network explained to the Age newspaper, the cuts were tragic. Ms Neave said the service brings greatly needed support to people when they arrive to court as they are bewildered, angry or upset.
“The money that we are asking would be used for training, support and supervision.
“At a time when cases of family violence are in the headlines almost every day it is a tragedy when this cost-effective service will not be available.”
Ms Neave explained the Federal Government needed to act as it was their responsibility.
“The Family Law system is in the Federal system, so it should really be funded by the Federal Government,” Ms Neave said.
Court Network executive, Maya Avdibegovic described the Mexican standoff between the Federal Government, as the Federal Government putting money ahead of families and considers it a false economy.
“This is yet another Federal Government cut which means vulnerable women and children won’t get the support they need. The amount of funding being sought is $130,000.
“In this time when we have incidents of women and children being murdered and politicians talking about making a real difference. Not being able to support us with $130,000 is ridiculous.
“While others are busy providing legal outcomes, for us it’s about making sure there is someone to support people at times of great stress,” Ms Avdibegovic said.
Statistics provided by the Network in 2013 showed a return benefit of $3.20 for every $1 funded in Victoria. The service currently deploys more than 450 volunteers in 37 locations between Queensland and Victoria. In 2019, the Court Network supported 2,484 court users in Melbourne and Dandenong Family Courts. The volunteers collectively work at least 129,600 hours per year, which is the equivalent of 65 full time jobs.
(Figures supplied by the Court Network System from 2019)
Network user *Kathryn explains the service has been a great help to her when dealing with her ex-husband as she normally goes alone to the Magistrate and Family courts. Kathryn explained the volunteers were the only enjoyable thing about going to court.
“I’ve got a really abusive ex-husband who takes me to court in the Federal and Magistrates Court a lot. I’m often quite alone in the court and it’s great to get support.
“The volunteers were the only good thing about going to court from my experience. Mainly because the courts in this country love a good liar,” Kathryn said.
Kathryn said that going to court with the support of the volunteers made the process easier for when she was dealing with her ex-husband. In a change of mood, she said,
“One time I went to court with one lady and she sat through the entire hearing. After the trial she said, I’ve seen some terrible mistakes.
“It’s just so reassuring to hear somebody say something which you already know.”
Struggling for support of victims is not solely a Victorian issue. For Queensland, domestic violence victim *Jane the judicial system has not treated her well either. The main issues faced by victims of domestic violence are that women are too fearful to seek help and finding assistance is difficult. Therefore, it is important to have services to assist vulnerable people.
Jane has had an extensive experience dealing with her husband who has been psychically abusive towards her. She left her ex-husband of 30 years when her youngest child was 12. Jane says she is still wary of her ex-husband doing something unpredictable to her children.
“My ex-husband coerced me into allowing him to have an affair, so that his needs would be met. He eventually started to psychical abuse me and it became more frequent.
“He’d say to me, you’re lucky I don’t beat you and give you black eyes like other women.”
Jane tried to report her husband’s physical abuse to the police; she was turned away.“I’ve only spoken with the police once. It was with a female police domestic violence liaison officer. However, my husband managed to manipulate her to make her believe I was equal in the abuse.”
In Jane’s view cutting any support for victims of domestic violence would be detrimental. “I have heard of so many terrible stories of judges who give sentences which don’t match the crime and preparators being given access to their kids.
“Women need to be supported to navigate the law, terminology, the physical building and receive emotional support, to feel safe. Without this support, women won’t continue with the legal process.”
Former President of the Victorian Bar, academic Dr Mathew Collins QC explained legal aid in Victoria is underfunded, and that The Court Network has a vital role in the judicial branch of government.
“Victorian Legal Aid is chronically underfunded. There are increasing numbers of unrepresented litigants appearing in all courts. Accused persons, other litigants and witnesses often arrive at court without having had the benefit of independent advice or assistance.
“Into that foreign and intimidating environment steps the Court Network: quietly, supportively and empathetically assisting members of the community to navigate the court system.
“The Court Network has a particular role in the Family Court jurisdiction. Family law cases present a unique pressure…. Court Network’s role in in my view, is simply indispensable.”
Kathryn expressed her gratitude to the Court Network. “The volunteers from the Network have a good understanding of the court system….. The Federal Government should continue their funding. Having the Court Network gone is just horrible.”