The Independent Review of the NLAP

Submissions for the NLAP Review have now closed.

If you have any questions, please contactsubmissions@nlapreview.com.au. Thank you.

National Legal Assistance Partnership 2020-2025

The National Legal Assistance Partnership 2020-25 (NLAP) is a national partnership agreement between the Australian Government and all states and territories for Australian Government funded legal assistance. The NLAP contributes to integrated, efficient, effective and appropriate legal assistance services in all states and territories. It is focused on improving keeping the justice system accessible for vulnerable people facing disadvantage and improving outcomes.


It includes funding for services delivered by:

  • Legal Aid Commissions (LACs)
  • Community Legal Centres (CLCs)
  • Aboriginal and Torres Strait Islander Legal Services (ATSILSs).


The NLAP was developed in accordance with the principles of the National Strategic Framework for Legal Assistance. This overarching policy framework encourages government and the legal assistance sector to take a unified and coordinated approach to maintain the accessibility of the justice system in Australia and help focus finite resources towards areas of greatest legal need.

The Independent Review of the NLAP

In accordance with the Federation Funding Agreements (FFA) Framework and consistent with the NLAP, the Review will evaluate the extent to which the objective, outcomes and outputs of the NLAP have been achieved, and the NLAP is efficient, effective and appropriate in achieving its policy intent. It will have a particular focus on:

  • holistic assessment of legal need and all Commonwealth legal assistance funding
  • evaluation of the effectiveness and challenges of service delivery
  • evaluation of data collection, performance monitoring and reporting.


The Review is adopting a transparent and collaborative approach to consultation. At minimum, it will seek inputs through submission and/or consultation from:

  • Legal Assistance Inter-Governmental Committee (IGC) and its members
  • National Legal Assistance Advisory Group and its members, and other advisory bodies as appropriate
  • peak bodies and providers of the legal assistance sector at all levels
  • sectors and service streams that interact with legal assistance, including government departments and institutions, and non-government bodies such as research institutions, peaks and providers in relevant social and health sectors
  • clients (existing and potential) of legal assistance services.


A draft review report will be provided to Attorneys-General, via the Commonwealth Attorney-General, in December 2023. The final report will be provided to the Commonwealth Attorney-General by the end of February 2024 publicly released it within three months of completion of the review.


The independent review is being undertaken by Dr Warren Mundy.

Public submissions

Who can make a submission


The Review invites submissions from all Australians. The Review is keen to receive submissions from the legal assistance sector, including Commonwealth, from state and territory governments, national and jurisdictional peak legal assistance bodies and service providers, individual Legal Aid Commissions (LACs), Community Legal Centres (CLCs), Aboriginal and Torres Strait Islander Legal Services (ATSILSs), Family Violence Prevention Legal Services (FVPLSs), and the legal profession and their representative bodies.


The Review would also like to hear from organisations which support vulnerable Australians and communities about those peoples’ experiences of the legal assistance sector and how it might better services their needs.


How to make a submission


Submissions should be lodged by 5pm AEST Friday 27 October 2023. While submissions after that date will be accepted, it may be challenging to properly consider their content. If you are considering making a submission and expect it to be made after 27 October, please email submissions@nlapreview.com.au.


Required information


Your submission must include:

  • Your organisation name (or individual as appropriate)
  • Your organisations type (e.g., ATSILS, CLC, LAC, etc)
  • Whether you or your organisation has ever received Commonwealth funding under the NLAP or funding from other Commonwealth or State and Territory government sources.


When you make a submission, please indicate whether you consent to:

  • your submission being published on the Review website
  • being identified in the report of the Review as having made a submission
  • your submission being quoted with attribution in the report of the Review
  • your submission being quoted anonymously in the report of the Review.


Your choices about what you consent to will not affect how your submission is viewed or analysed.

Consultations

The Review has developed a stakeholder engagement plan in consultation with the various Attorneys-General Departments and peak stakeholder groups. Key stakeholders who have been identified to be included in this process will be contacted shortly. Given the delivery timeframe of the Review, it may not be possible to expand the scope of consultation. If you wish to engage more directly with the Review, please email submissions@nlapreview.com.au.

Timelines

  • Release of the National Legal Assistance Partnership Agreement Review Issues Paper – 18 August, 2023.
  • Final written submissions accepted – Friday 27 October, 2023.
  • Independent Review of the National Legal Assistance Partnership 2020-2025 - Draft report – 22 December, 2023
  • Independent Review of the National Legal Assistance Partnership 2020-2025 - Final report – 29 February, 2024

Complete terms of reference

Background


Legal assistance plays a vital role in ensuring more equal access to the justice system which is fundamental to our democratic society and the rule of law. Not only does legal assistance facilitate improved outcomes for individuals, it also generates broader benefits to society. Conversely, insufficient legal assistance not only results in injustice and entrenches disadvantage, it can have other profound economic and social costs for individuals, their families and communities.


The Commonwealth and the States and Territories (the States) have a mutual interest and responsibility in the provision of legal assistance services, within available resources. The National Legal Assistance Partnership 2020-2025 (NLAP) is a key mechanism to assist vulnerable people facing disadvantage by keeping the justice system within their reach. Services are delivered through legal aid commissions, community legal centres and Aboriginal and Torres Strait Islander Legal Services, as well as other service models, such as Family Advocacy and Support Services (FASS), Domestic Violence Units (DVUs) and Health Justice Partnerships (HJPs).


The NLAP is subject to an independent review (clauses 81 and 82) which should, at a minimum, consider:

  • progress towards achieving the overall objective and outcomes of the NLAP;
  • the appropriateness of the NLAP in achieving its objective and outcomes and delivering its outputs; and;
  • whether mainstream, specialist and Aboriginal and Torres Strait Islander specific legal assistance services funded under the NLAP have been delivered in an effective, efficient and appropriate manner.


It is imperative that the NLAP review informs an improved future legal assistance framework that supports efficient, sustainable, client-centric, evidence-driven service delivery, promoting best practice. This includes a cost-effective and appropriate Commonwealth funding mechanism that fosters a productive partnership between the Commonwealth, the States, and service providers, and advances the importance of legal assistance in improving legal, social and wellbeing outcomes for people in Australia.


Scope of the Review


In accordance with the Federation Funding Agreements Framework and consistent with the NLAP (clause 82), the review will evaluate the extent to which the objective, outcomes and outputs (clauses 13-20) of the NLAP have been achieved, and the NLAP is efficient, effective and appropriate in achieving its policy intent. It will have a particular focus on:

  1. A holistic assessment of legal need and all Commonwealth legal assistance funding, including:
    • The quantum, prioritisation, allocation, distribution mechanism, and timing and length of existing Commonwealth funding, including funding provided under the NLAP and outside the NLAP,
    • funding allocated across jurisdictions and within each jurisdiction.
    • comparative analysis of various funding administration mechanisms, such as direct and indirect distribution of Commonwealth funding under the NLAP, and other legal assistance programs for example Family Violence Prevention Legal Services (FVPLS), and the previous Indigenous Legal Assistance Program 2015-2020 (ILAP) to identify best practice for Commonwealth funding arrangements including principles of self-determination.
    • the current evidence of unmet legal need and demand, particularly pertaining to the most disadvantaged communities and population groups, such as those in regional, rural and remote locations.
    • whether existing arrangements can appropriately respond to emergencies and new priorities (e.g., natural disasters, COVID-19 and legislative change).
  2. An evaluation of the effectiveness and challenges of service delivery, including:
    • the effectiveness and challenges of delivering core legal assistance services of varying complexity and intensity, as well as wrap-around services such as counselling; and the broader role of providers in community education, advocacy and strategic litigation.
    • integration, collaboration and innovation of service delivery, within the sector and with other areas of social service provision such as health, employment, disability and child protection services, and how the NLAP supports broader government priorities (such as, the National Plan to End Violence Against Women and Children, Australia’s Disability Strategy, and the National Framework for Protecting Australia’s Children).
    • the cultural appropriateness of legal assistance services for First Nations people, acknowledging the diversity of Aboriginal and Torres Strait Islander culture, and the alignment between legal assistance services and the Priority Reforms and Targets under Closing the Gap.
    • cultural appropriateness of legal assistance services for all national priority client groups under the NLAP.
  3. An evaluation of data collection, performance monitoring and reporting, including: 
    • the current reporting framework, including its purpose, utility, and data quality, with consideration of the data capability across and the administrative burden on the sector.
    • exploring alternative frameworks and approaches to improve the data availability, reliability, quality, and better connection with the broad outcomes.
    • opportunities and strategies to enhance data collection of legal assistance that improve service delivery, guide future outcomes-based frameworks, and align with Closing the Gap Priority Reforms 2 and 42.

Individual evaluations of specific services under the NLAP, such as FASS, DVUs and HJPs, will be outside the scope of the review. However, the impact of these service models will be considered as part of the review.


Process


The review will adopt a transparent and collaborative approach to consultation and will consult widely and extensively. At minimum it will enable inputs through submission and/or consultation from:

  • Legal Assistance Inter-Governmental Committee (IGC) and its members3
  • National Legal Assistance Advisory Group and its members4, and other advisory bodies as appropriate
  • Peak bodies and providers of the legal assistance sector at all levels
  • Sectors and service streams that interact with legal assistance, including government departments and institutions, and non-government bodies, such as research institutions, peaks and providers in relevant social and health sectors
  • Clients (existing and potential) of legal assistance services


The reviewer should strive towards best practice in engaging, consulting and collaborating with First Nations legal service providers, peak bodies and communities in a genuine, comprehensive and culturally appropriate manner that values First Nations experience and expertise. The review methodology should align with the Closing the Gap Priority Reform Areas which highlight the importance of empowering and partnering with Aboriginal and Torres Strait Islander people. A draft review report and the final report will be provided to all Attorneys-General around December 2023 (clause 81). The final report will be publicly released by the Commonwealth within three months of completion of the review (clause 86).