ALP responds to PILCH election priorities

Access to justice

ALP's introductory statement:

The Brumby Labor Government has demonstrated its belief in providing access to justice by:

• increasing funding to Victoria Legal Aid (VLA) each year it has been in office;
• expanding the network of Community Legal Centres (CLCs) and services across Victoria;
• opening branches of the Dispute Settlement Centre of Victoria (DSCV) across the State to provide dispute resolution advice and assistance free of charge;
• making laws simpler, more accessible and legal disputes easier to resolve;
• requiring law firms undertaking government work to perform a certain amount of pro bono legal work, resulting in over $45 million worth of free legal assistance being provided to disadvantaged Victorians so far;
• enacting comprehensive reforms to civil procedure in our courts.

PILCH called for action to:  Improve access to interpreters

Extend the provision of free interpreter services for:

• Low income earners in civil matters; and
• Indigenous and hearing impaired persons at all levels of their engagement with the justice system.

Response:

The Brumby Labor Government has invested significantly in interpreting services, which are currently available at no cost to people involved in civil proceedings at VCAT or seeking to resolve disputes through mediation at the DSCV. VLA also continues to help culturally and linguistically diverse communities to access legal information and assistance through interpreting and other state funded services. A future Brumby Labor Government will assess the need for expanded interpreting services in civil matters in close consultation with the courts and legal profession in the context of broader reforms to the civil justice system.

PILCH called for action to: Improve access to free legal assistance:

• Amend the Legal Profession Act 2004 (Vic) to allow corporate and government lawyers to provide pro bono legal assistance.
• Lobby COAG to introduce laws under the National Legal Profession Reform to allow corporate and government lawyers to provide pro bono legal assistance.

Response:

Labor continues to support and facilitate participation of the legal profession in pro bono legal work. We are aware of submissions to the COAG National Legal Profession Reform Taskforce proposing that corporate and government lawyers be allowed to provide pro bono legal assistance via the draft national legislation. Labor believes it appropriate to await the outcome of the National Legal Profession Reform project, which, if agreed by COAG, will result in the replacement of the Legal Profession Act.

PILCH called for action to: Reduce costs associated with accessing the justice system:

Introduce legislation under part two of the Victorian Government's civil procedure review to:

• empower Victorian Courts to grant protective cost orders to shield public interest litigants from adverse costs orders; and
• abolish the 'indemnity costs principle' in pro bono matters.

Response:

The Civil Procedure Act 2010 aims to reduce the cost of litigation by encouraging parties to resolve their disputes by agreement and by requiring them to ensure that the costs incurred are reasonable and proportionate to the issues in dispute. The second phase of Labor's Civil Law Reform Project will focus on the costs rules for litigation, including the bases of taxation, scales of costs, summary costs orders, fixed or capped costs regimes, protective cost orders in public interest litigation, costs disclosure and offers of compromise.

PILCH called for action to: Protect against civil litigation that diminishes public participation

• Introduce legislation to protect the public against litigation that has the effect of constraining legitimate public commentary and debate (SLAPP writs).

Response:

Under Labor, a range of steps have been taken to promote public participation in debate. In particular, the rights to freedom of expression and to participation in public affairs are enshrined in Victoria's Charter of Human Rights and Responsibilities. Where parties seek to impinge on these rights by suing those participating lawfully in public debate, the Civil Procedure Act 2010 aims to protect rights by:

• preventing parties abusing the court process,
• correcting power imbalances between litigants,
• ensuring that claims that have a proper basis in fact and law; and
• requiring parties to comply with obligations to act honestly and minimise delay.

Further, for the last five years, defamation laws have included strengthened protections for people engaging in public debate. Section 9 of the Defamation Act 2005 prohibits most types of corporations from being able to sue in defamation, a significant step forward in preventing corporations from silencing legitimate public debate. The Defamation Act 2005 also provides for defences of truth, qualified privilege, fair report of proceedings of public concern and honest opinion.

Labor believes these steps strike the right balance between protecting the right to participate in public debate and preserving the fundamental right of access to justice.

Homelessness

In accordance with the 'It takes a home...' campaign, PILCH called for action to:

• Halve Homelessness by 2020

Response:

The Federal Government's White Paper- The Road Home, refers to the Federal Government's target to halve homelessness by 2020.  Labor supports the Federal Government's aspirational goal.

• Deliver homes people can afford.

Response:

Labor has worked hard to address decades of underinvestment in public housing which occurred throughout the Kennett and Howard years.

Victoria is currently rolling out the biggest social housing build in decades.  Over the next two years, Labor will add 14,000 new units of affordable housing through:

• the Federal Government's record $1.16 billion Nation Building investment;
• the Brumby Labor Government's own record $510 million investment; and
• Labor's commitment to fund incentives for 8,500 new affordable rental properties as part of the National Rental Affordability Scheme.

We will continue to work hard to ensure people have access to housing and to the supports and services that assist those in housing crisis.  

• Make sure children and young people who are homeless get a better start at life.

Labor initiated the development of the Homelessness Education Commitment to improve the educational experiences and outcomes of children and young people who are homeless or at risk of homelessness. This commitment requires school and community agencies to work in partnership to improve educational outcomes for families affected by homelessness.

Housing is crucial in reducing homelessness, but housing alone is not enough.  We also need to address disengagement from education and training, unemployment, poor physical and mental health, poverty, and family violence and relationship conflict or breakdown.  This is what the new Victorian Homelessness Strategy 2020 seeks to do by better connecting homeless people to the services they need to address their issues.

As part of the Victorian Homelessness Strategy 2020, four flagship projects will locate a new multi-disciplinary team of staff with specific expertise regarding families to provide intensive assistance to around 250 individuals, including children. A key aim of this project is to make sure all the children involved attend and stay in primary and secondary education. This project will be evaluated after four years and will guide government policy to assist children that experience or are at risk of homelessness. 

• End the cycle of homelessness by providing support where it is needed

We are safeguarding support for people at risk of homelessness with the landmark Victorian Homelessness 2020 Strategy. This landmark policy reform document moves to a prevention and early intervention approach by addressing the life stages of people experiencing homelessness then identifying and meeting their needs.

Labor is investing in six four-year flagship projects and a range of other initiatives through the Victorian Homelessness 2020 Strategy. The flagship projects will be 'trailblazers' for funding beyond 2013.

• Invest in the homelessness workforce.

As a part of the Victorian Homelessness 2020 Strategy, the Brumby Labor Government has committed to establishing a stakeholder committee to help plan for future workforce needs. The existing specialist homelessness workforce will be provided with additional professional development resources and new training opportunities to align workforce skills with the strategy directions. Staff will be supported to enhance their knowledge of mainstream service delivery, including eligibility criteria, assessment and intake procedures.

Labor is committed to the outcome of the community sector pay equity case and will ensure, through our service agreements, that any wage increases in the sector are passed onto workers.

PILCH called for action on Infringements

Reform the Infringements Act 2008 to:

• reduce the number of infringeable offences;
• recognise the significant financial hardship that results from infringements; and
• be more responsive to clients with special circumstances.

Response:

The Brumby Labor Government has taken significant steps to target the use of infringeable offences - recognising their value in addressing anti-social and dangerous behaviour - while mindful of the impact that infringements can have on vulnerable members of the community. 

In addition to allowing infringement notices to be contested in court, a person or someone acting on their behalf is also now entitled to apply for an internal review by the issuing agency where there are special circumstances involved. Special circumstances include where a person suffers from a mental or intellectual disability, disorder, disease or illness; a serious substance addiction, or homelessness, and where any of these factors result in the person being unable to understand or control the conduct that constitutes the offence. Further, the Attorney-General's Guidelines to the legislation require that any person with a Centrelink Health Care Card, Pensioner Concession Card or Department of Veterans' Affairs Pensioner Concession Card must be offered a payment plan upon application.

PILCH called for action to: Repeal public space offences

Repeal summary offences that criminalise the use of public spaces.

Response:

The Brumby Labor Government has worked to strike the appropriate balance between recognising the right of all Victorians to feel safe in public spaces and the right of all Victorians to go about their daily lives without being penalised for behaviour which is caused by serious disadvantage. This balance has been achieved through:

• the enactment and retention of a range of offences which address violent and anti-social behaviour in public spaces; and
• just as importantly, Labor has taken steps to recognise the effects of disadvantage by providing record levels of funding for social housing (see above); enacting the Charter of Human Rights and Responsibilities and making sweeping changes to Equal Opportunity laws to address systemic discrimination; providing record levels of funding for VLA, CLCs and specific funding for the Homeless Person's Legal Clinic and Homelessness Liaison Court Officer; and establishing specialist court programs which specifically address the complex range of factors, including homelessness and mental illness, that lead people to commit crime.

Support Better Regulated Community Organisations

CPILCH called for action to: Support compliance and best practice governance among Victorian non-profit organisations by funding Pilch Connect ($320,000 pa for 3 years) to provide legal advice to non-profit organisations that assist marginalised and disadvantaged Victorians

Response:

Labor acknowledges the valuable contribution of the not-for-profit sector to the Victorian community. That's why we have been working hard to implement the Victorian Government Action Plan: Strengthening Community Organisations.

Labor welcomes PilchConnect's support for not-for-profit community organisations through the provision of free and low cost legal advice and information, and notes that PilchConnect is currently receiving funding from the Brumby Labor Government and via the Legal Services Board through to 2012.

PILCH called for action to: Reduce red tape and modernise and harmonise the fundraising regime

• Work with federal and state governments to reduce red tape for non-profits by establishing a "one-stop shop" independent, national regulator to register and oversee non-profit incorporation, fundraising and determination of charitable status.
• Continue to lead the COAG process for modernisation and harmonisation of the existing fundraising regime, so that it can be adopted as a national regime, to be enforced by a national regulator.

Response:

A future Brumby Labor Government will continue to lead the COAG process to reform the regulation of not-for-profit entities and achieve a nationally consistent approach to fundraising.  We support the Federal Labor Government's proposal to undertake a scoping study for a national "one stop shop" regulator for the not-for-profit sector and look forward to working with other jurisdictions to progress this important initiative. 

PILCH called for action to: Simplify the Associations Incorporation Act 1981 (Vic)

• Consolidate, re-order and simplify the drafting of the Associations Incorporation Act 1981 (Vic) before the Associations Incorporation Amendment Act 2010 commences.

Response:

The Associations Incorporation Amendment Act 2010 was developed by the Regulatory Reform Reference Group which included many not-for-profit sector organisations and professional bodies.  The amendments will enhance governance arrangements and improve grievance and dispute resolution procedures for incorporated associations.  A future Brumby Labor Government will allow time for the amendments to commence and be assessed before further changes are considered. 

Human rights

PILCH called for action to: Strengthen the Victorian Charter, including through:

• incorporation of economic, social and cultural rights (eg the rights to an adequate standard of living, education and health; and the right to self-determination);
• improved access to remedies for Charter violations; and
• the establishment of an independent cause of action.

Response:

Labor is proud of Victoria's Charter of Human Rights and Responsibilities 2006 and the positive impact it has had on decision making and service delivery. Labor is committed to the statutory review of the Charter which, if the Brumby Labor Government is re-elected, will be conducted by independent reviewers, in consultation with stakeholders and the broader community.  A report of the review must be tabled in Parliament by 1 October 2024 and it would be inappropriate to pre-empt the outcome of the review process. However, section 44(b) of the Charter provides that the review must include consideration of inclusion of:

• additional rights, including rights under the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CROC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); as well as the right to self-determination;
• mandatory auditing of public authorities to assess compliance with human rights; and
• further provision with respect to proceedings that may be brought or remedies that may be awarded in relation to acts of unlawfulness under the Charter.

PILCH called for action to: Expand protections against discrimination:

Prohibit 'irrelevant criminal record' and 'homelessness' discrimination in the Equal Opportunity Act 2010 (Vic).

Response:

Victoria's Equal Opportunity Act 2010 aims to eliminate individual and systemic discrimination, sexual harassment and victimisation to the greatest possible extent and brings Victoria in line with other jurisdictions. Homelessness, however, is a complex challenge that requires a whole of Government commitment to addressing the factors that cause it. As no other jurisdiction has addressed homelessness in equal opportunity legislation, the Brumby Labor Government believes that there are more effective ways of assisting the homeless, as set out above.

Similarly, the Brumby Labor Government believes that establishing a legislative spent convictions scheme is the appropriate starting point for addressing the issue of irrelevant criminal records and is currently considering a national model Bill for a uniform spent convictions scheme, which was developed through the Standing Committee of Attorneys-General (SCAG).  Victoria has made a significant contribution to the SCAG project in the interests of national consistency.

PILCH called for action to: Strengthen the rights of people with diminished capacity, including by:

• simplifying laws relating to powers of attorney and improving safeguards against misuse of those laws;
• empowering Victorian courts to make orders protecting litigation guardians from adverse cost awards in appropriate cases; and
• ensuring institutional litigation guardians are adequately funded.

Response
Labor has a demonstrated commitment to strengthening the rights of people with diminished capacity and protecting those who support, advise and care for them. In 2008, the Brumby Labor Government commissioned the Victorian Parliament's Law Reform Committee to conduct an inquiry into the State's laws relating to Powers of Attorney to examine how they could be streamlined and simplified. The Committee's report was tabled in August 2010 and is currently being considered.  A future Brumby Labor Government will table a response after Parliament resumes.

Meanwhile, the Attorney-General asked the Victorian Law Reform Commission to review and report on potential changes to the Guardianship and Administration Act 1986 which better recognises the rights of people with impaired decision-making capacity. The issue of protecting litigation guardians from adverse cost awards is under consideration as part of this review. Similarly, the report is expected to address the capacity of State Trustees to pursue litigation on behalf of those whose property they manage. A future Brumby Government would respond to the VLRC's recommendations following the tabling of this report, due in July 2011.