The Federal Government’s retreat on cuts to the legal assistance sector has received plenty of media coverage. But what was behind it? And is that the end of the story? Mojonews.com.au legal reporters MEG STACEY and LIBERTY GADD unpack the events that led to the Government’s latest backdown.

Funding reinstated for most, but not all

On March 26, the Federal Government dumped its plans for funding cuts to most legal assistance providers, but the axe has already fallen on one organisation, with another to come.

The Government withdrew plans for funding cuts to community legal centres – which provide free legal assistance to those who can’t afford it – Aboriginal and Torres Strait Islander Legal Services (ATSILS), and State and Territory Legal Aid Commissions.

But the National Aboriginal and Torres Strait Islander Legal Services (NATSILS) will have funding cut from July 1, while the Environment Defenders Offices (EDO) lost funding all of its federal funding in July last year.

Liana Buchanan said the cuts would be a big loss for the indigenous legal community.

“[It] means they cannot do work to continue to support all of the state and territory Aboriginal legal services [or] be a focal point advocating for Aboriginal legal services,” Ms Buchanan said.

Eastern Community Legal Centre CEO Michael Smith said the Government’s cuts to the EDO reflected its stance on the environment.

“I don’t think the Federal Government has a strong commitment to environment,” he said.

“They don’t see that as a priority … they also don’t understand the important work the [EDO] do with farmers and rural land holders,” Mr Smith said.

“It’s really important we have those services but it does not appear that they will be funded in the short term.”

Future funding uncertainty

The Government still hasn’t guaranteed funding beyond 2017 for ATSILS, community legal centres, and legal aid commissions, which give financial assistance to those who can’t afford a lawyer in civil, criminal and family law matters.

But Ms Buchanan said community legal centres had continually faced funding instability throughout their history.

“Not having funding certainty has probably been a feature of the community legal sector since the first community legal centres were set up over 40 years ago … what community legal centres are facing isn’t new,” Ms Buchanan said.

Mr Smith said recent success in pressuring the Government to back down on funding cuts has emboldened professionals in the legal assistance sector.

“[With] the success we’ve had with the funding in the last couple of weeks we would now be more confident about continuing to make noise and to advocate for not only those cuts being restored but also an expansion of funding.”

Media applies pressure

Ms Buchanan said increased media coverage focusing on the impact cuts would have on women escaping domestic violence was key to forcing the Government’s U-turn.

“The bottom line is there was increasing media coverage of the cuts, and … particularly the impact that these cuts would have on family violence legal help,” Ms Buchanan said.

Mr Smith said media coverage had also cast a spotlight on how cuts would affect those suffering family violence in isolated communities.

“I think particularly the media stories in rural and regional areas like the Healesville office … Broken Hill and in Mildura … were phenomenally powerful about if we lose our only family violence lawyer, where will people go?” Mr Smith said.

He also credited recent coverage from mass media outlets – including the ABC and The Age – for helping to pressure the Government to reverse its plans.

Open letter demands backdown

On March 25, 26 human rights, legal and health organisations signed an open letter addressed to Prime Minister Tony Abbott, urging him to back down on plans for funding cuts to legal aid.

The letter outlined concerns that cuts would prevent vulnerable women and indigenous people from accessing legal assistance.

It also highlighted a high incarceration rate among Australia’s indigenous population, which would further decline if ATSILS funding were cut.

Legal community divided

Ms Buchanan said support from some organisations within the legal community – such as the Law Institute of Victoria and the Law Council of Australia – also helped pressure the Government into backing down.

“I know there was some pressure from the legal community,” she said.

But Ms Buchanan said while some lawyers advocated for ongoing funding, many aren’t “prepared to stick their neck out to support centres that focus on disadvantaged communities”.

Damning report brings into question Abbott’s Indigenous pledge

A damning report detailing rising incarceration rates in Australia’s Indigenous population left the Indigenous legal community wondering why the Government planned to cut funding when it was so urgently needed.

A Productivity Commission report – released November last year – found “Aboriginal and Torres Strait Islander adults were imprisoned at 13 times the rate for non-indigenous adults… [and] that from 2000 to 2013, the imprisonment rate for Aboriginal and Torres Strait Islander adults increased 57 per cent”.

The report also found the “daily average detention rate for [Indigenous] youth in 2012-2013 … was around 24 times the rate for non-Indigenous youth”.

The report gained considerable media attention, especially considering Mr Abbott pledged to be a “Prime Minister for Aboriginal Affairs” by alleviating indigenous disadvantage in justice and health.

 Domestic violence on the agenda

Mr Smith said public debate on domestic violence intensified when family violence campaigner Rosie Batty was named Australian of the Year, further helping to force the Government’s backdown.

Ms Batty advocated for the representation community legal centres provide domestic violence victims, drawing the media’s attention when she called on the Government to reconsider its planned cuts.

“The Attorney-General did say last week … that there’s a national conversation happening around family violence and, certainly, community legal centres have been really prominent in that,” Mr Smith said.

“In the last six months, particularly with the amazing Rosie Batty being Australian of the year … that national conversation has finally reached Canberra.”

A FCLCV media release – published July last year – states “around a third of the 23,500 new cases opened by centres each year in Victoria alone relate to family violence”.