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38th Annual Report 2015-16
Legal Services Commission of South Australia
www.lsc.sa.gov.au
02
Chairman’s Letter to the Attorney General
03
Overview
04 Highlights
05 Director’s Report
07 Financial Overview
08 Summary of Services
09
About the Legal Services Commission
13
Commission Clients
21
Commission Client Services
Contents
22 Prevention and Early Intervention Services
28 Duty Lawyer Services
31 Grants of Legal Aid
35 Family Law Services
40 Criminal Law Services
44 Regional Services
47
Commission Corporate Services
48Governance
52Staff
57 Support Services
59 Involvement with stakeholders and the community
62Partnerships
63 Reporting responsibilites
67
Commission Finances
99
Appendices
100 Appendix 1 Commission Corporate Plan
102 Appendix 2 Expensive Criminal Cases Funding Agreement
109 Appendix 3 Statutory Charges Report
Chairman’s Letter 2015-16
The Honourable John Rau, MP
Deputy Premier
Attorney-General
Attorney-General’s Department
Level 11, 45 Pirie Street
ADELAIDE SA 5000
02
Dear Deputy Premier,
I am pleased to present the Annual Report of the Legal Services Commission for the financial year
ending 30 June 2016, pursuant to section 33 of the Legal Services Commission Act 1977.
This has been a challenging year for the Commission with funding cuts from both the State and
Commonwealth governments.
I am pleased to report that we have risen to the challenges set by reduced funding, introducing
operational efficiencies, innovative service delivery methods and reducing staff numbers.
The value of the work of legal aid in providing access to justice to the most disadvantaged in
our society should not be underestimated. Demand for services continues to rise as does the
complexity of legal issues faced by our lawyers.
I would like to acknowledge the Director, Deputy Director and all staff at the Commission for their
tireless commitment to our clients during a period of considerable change. I also acknowledge
the board of Commissioners who have provided wise governance and the almost 700 private
legal practitioners who now provide legal services through grants of aid. It is clear that it takes a
commitment from all these individuals to ensure the legal system works in South Australia.
This year we were unable to adjust fees payable to legal practitioners acting on grants of legal aid,
as has been our past practice. I live in hope that in future years we will be in a financial position to
keep fees in line with CPI increases and to expand our services to the South Australian public.
Thank you for your continued support as Attorney-General over the previous year.
Michael Abbott, AO QC
Chairman
Legal Services Commission of South Australia Annual Report 2015-16
38th Annual Report 2015-16
Overview
Legal Services Commission of South Australia
Highlights 2015-16
127 684
2.5 million
legal services
provided
website
page views
80 000+
21 365
19 562
calls to
helpline
legal advice
appointments
applications
for aid
16 509
16 234
312
grants
of aid
duty lawyer
services
ICL appointments
10 year
8%
anniversary family
duty lawyers
in family duty
lawyer services
780
FDR conferences
77%
1 430
1 357
FDR conferences
settled
received migrant
legal education
received disability
legal education
1.5 million
3 289
law handbook page
views (up 13%)
made contact via
legal chat
Annual Report 2015-16 Legal Services Commission of South Australia
Director’s Report 2015-16
This year has again demonstrated the worth of legal aid to the Federal and State Courts.
Our lawyers and private legal practitioners acting on grants of legal aid represented over
30 000 people in their cases before the courts. If representation had not been available,
these people would have faced representing themselves in court or could not have
pursued their rights.
Our legal advisers provided over 100 000 legal advices and legal education sessions. Our websites
were accessed over 1 000 000 times by people seeking legal information and advice to assist
them in their daily lives.
Our legal researchers responded to 37 proposals by government for legislative change.
780 family dispute resolution conferences were provided to parents in conflict over care issues
for their children, with 77% resolving their differences without a court hearing.
I thank the dedicated staff of the Legal Services Commission for contributing their expertise
for the benefit of these South Australians.
I also thank the private legal profession who acted on grants of legal aid, receiving payment
for such services at substantially lower fees than if the client had been in a position to pay their
legal expenses.
Nearly 700 legal practitioners have now joined the Commission panels. Service delivery contracts
clearly set out our expectations of lawyers acting on grants of legal aid, with regular random
audits assisting compliance.
This year saw the reduction of our staff numbers through voluntary separation. Some long
serving staff members chose to pursue other career paths and I thank them for their years at
the Commission.
Programs to curb domestic violence in our community have been the focus of government this
year. The Commission was pleased to be funded through the Women’s Safety Package to deliver
new services in the northern suburbs through a Health/Justice Partnership and to expand grants
of aid for clients facing the impacts of domestic violence who might otherwise not qualify for aid.
A recent survey indicated that 79% of family law representation files included issues related to
domestic violence. This alarming statistic justifies government’s concerns of this pervasive problem.
Legal Services Commission of South Australia Annual Report 2015-16
05
Director’s Report 2015-16
Our legal advice and education services have expanded through the use of social media and the
introduction of a Legal Chat service. I acknowledge the hard work of the staff in Access Services
in bringing this project to fruition in a timely and economic manner. In just 10 months we have
provided 3 289 client sessions through Legal Chat.
06
I have been pleased to continue my participation on the Criminal Justice Sector Reform Council.
It is here the leaders of criminal justice sector agencies gather to discuss improvements to the
criminal justice system. My participation ensures the voice of the client is heard among the views
of the police, prosecution, corrections, courts and the government.
I thank the Deputy Premier and Attorney-General of South Australia, the Hon. John Rau MP and
the Attorney-General of the Commonwealth of Australia, the Hon. Senator George Brandis QC for
their ongoing commitment to legal aid.
There is always more that we can do as an organisation to help South Australians in need, and
I look forward to providing expanded services into the future.
Gabrielle Canny
Director, Legal Services Commission
Annual Report 2015-16 Legal Services Commission of South Australia
Financial Overview 2015-16
The Commission ended the 2015-16 financial year with a consolidated comprehensive
result of $650 000 deficit. This compares to a consolidated comprehensive result of
$4.025 million deficit for the 2014-15 financial year.
The Commission has run at a deficit for the last two financial years as a result of a reduction
in funding of $3.5 million in 2014-15 and of $1.75 million in 2015-16.
The 2015-16 financial statements record the following:
Income—
• Commonwealth Government funding of $15.7 million
• State Government funding of $21.4 million
• r eimbursement from the State Government under the Expensive Criminal Cases
Funding Agreement (see Appendix 2) of $60 000
• r eimbursement from the Commonwealth Government for expensive criminal cases
of $44 000
• f unds from the Law Society of South Australia pursuant to the Legal Practitioners
Act 1981 of $2.9 million
• other income of $3 million
• total income of $43.19 million
Expenditure—
• private practitioner payments of $17.8 million
• total expenses of $43.84 million
The Finance section of this Report contains the detailed financial year report, the AuditorGeneral’s Report and financial statements.
Legal Services Commission of South Australia Annual Report 2015-16
07
Summary of Services 2015-16
2014-15
2015-16
68 028
70 287
—
3 289
Advice appointments
25 122
21 365
Duty lawyer services
16 836
16 234
Grants of aid for legal representation
16 062
16 509
TOTAL SERVICES (excl education services)
126 048
127 684
83 381
87 779
Law Handbook page views
1 364 068
1 545 363
Commission website visits
795 411
984 352
Applications for aid
19 254
19 562
Assigned in-house
5 164
5 400
Assigned externally
10 898
11 110
777
780
Telephone information sessions
08
Legal Chat online
Distribution of publications
FDR conferences held
FDR conferences settled - percentage
ICL appointments
75%
339
77%
312
About the
Legal Services
Commission
The Commission is committed to
providing the South Australian public
with accessible legal information,
advice and representation.
The Commission seeks to ensure that
all people have equal access to justice
within the legal system.
Legal Services Commission of South Australia Annual Report 2015-16
09
Legal Services Commission 2015-16
Our Vision
To provide quality, independent legal assistance to South Australians
Our Goals
010
• T
o provide clients with accessible information, advice and representation
to meet their legal needs.
• T
o work in partnership with other members of the legal community to
deliver to our clients equitable access to the justice system.
• To provide a safe, healthy, rewarding, satisfying work environment.
• To provide quality legal assistance efficiently and effectively.
• T
o satisfy the community that we fulfil our statutory and contractual
obligations and are deserving of ongoing financial support.
• T
o provide timely research and advice on legal issues to the government
and the community.
• T
o inform governments of the likely impact on the Legal Services
Commission and the community of proposed changes to legislation
and policy.
Annual Report 2015-16 Legal Services Commission of South Australia
Legal Services Commission 2015-16
Functions
The Legal Services Commission is an independent statutory authority established
by the Legal Services Commission Act 1977 (the Act) to provide legal assistance
to people throughout the State. It is funded by the South Australian Government
and the Commonwealth Government. It has the powers, functions and duties
prescribed or imposed on it by the Act.
The statutory functions of the Commission are to—
a) provide, or arrange for the provision of, legal assistance in accordance with the Act;
b) determine the criteria under which legal assistance is to be granted;
c)conduct research with a view to ascertaining the needs of the community for legal
assistance, and the most effective means of meeting those needs;
d)establish such offices and other facilities as the Commission considers necessary
or desirable;
e)initiate and carry out educational programs to promote an understanding by the public
(and especially those sections of the public who may have special needs) of their rights,
powers, privileges and duties under the laws of the Commonwealth or the State;
f)inform the public by advertisement or other means of the services provided by the
Commission, and the conditions upon which those services are provided;
g)co-operate and make reciprocal arrangements with persons administering schemes
of legal assistance in other States and Territories of the Commonwealth or elsewhere;
h)where it is practicable and appropriate to do so, make use of the services of interpreters,
marriage guidance counsellors and social workers for the benefit of assisted persons;
i)encourage and permit law students to participate, so far as the Commission considers
practicable and proper to do so, on a voluntary basis and under professional supervision,
in the provision of legal assistance by the Commission;
j)make grants to any person or body of persons carrying out work that will in the opinion
of the Commission advance the objects of the Act;
k)perform such other functions as the Attorney-General may direct.
Legal Services Commission of South Australia Annual Report 2015-16
011
Legal Services Commission 2015-16
In performing its functions the Commission must—
a)seek to ensure legal assistance is provided in the most efficient and economical manner; and
b)use its best endeavours to make legal assistance available to persons throughout the State;
and
c) have regard to the following factors:
012
i.the need for legal assistance to be readily available and easily accessible to
disadvantaged persons;
ii.the desirability of enabling all assisted persons to obtain the services of legal
practitioners of their choice;
iii. the importance of maintaining the independence of the legal profession;
iv.the desirability of enabling legal practitioners employed by the Commission to utilise
and develop their expertise and maintain their professional standards by conducting
litigation and doing other kinds of professional legal work.
Offices
The Commission operates from seven offices, located in Adelaide, Elizabeth, Mount Barker,
Noarlunga, Port Adelaide, Whyalla and Port Augusta. Regular outreach services are provided at
the Murray Bridge Community Centre and the Adelaide Magistrates Court.
Adelaide
159 Gawler Place
Adelaide 5000
Mount Barker
18 Walker Street
Mount Barker 5251
T: 08 8111 5555
F: 08 8111 5599
T: 08 8111 5320
F: 08 8391 4747
Elizabeth
Windsor Building
Elizabeth Shopping Centre
Elizabeth 5112
Noarlunga
Noarlunga House
Centro Colonnades
Shopping Centre
Noarlunga Centre 5168
T: 08 8111 5400
F: 08 8207 9333
T: 08 8111 5340
F: 08 8207 3880
Port Adelaide
ANL House
306 Vincent Street
Port Adelaide 5015
T: 08 8111 5460
F: 08 8207 6277
Port Augusta
13 Flinders Street
Port Augusta 5700
T: 08 8686 2200
F: 08 8648 5370
Whyalla
Tenancy 7
169 Nicolson Avenue
Whyalla Norrie 5608
T: 08 8620 8500
F: 08 8648 8950
Annual Report 2015-16 Legal Services Commission of South Australia
Commission
Clients
Every member of the South
Australian public is entitled to
receive free legal information and
advice from the Commission.
013
Some people are also able to
access legal representation. These
people are usually among the most
disadvantaged in our community.
Legal Services Commission of South Australia Annual Report 2015-16
Commission Clients 2015-16
In 2015-16 the Commission provided 127 684 individual services (excluding education
services) to clients. 26 384 clients received a grant of legal assistance, an advice
appointment or a duty lawyer service. These clients came within the following priority
client groups.
% of clients within each client group
Priority client group
2014-152015-16
014
Aboriginal or Torres Strait Islander
7.90%
8.77%
Culturally and linguistically diverse
15.86%
15.27%
Disability or mental illness
12.21%
13.8%
Under 18
5.63%
5.92%
65 or over
6.3%
6.12%
49.42%
51.79%
Lives in regional or remote South Australia
14.7%
14.12%
Requires an interpreter
3.78%
3.81%
In custody
7.90%
9.68%
Receives a government benefit
Services provided to each client group 2015-16
Priority client group
Grant of Aid Advice Apptmt Duty Lawyer
Total
Aboriginal or Torres Strait Islander
2 583
841
2 012
5 436
Culturally and linguistically diverse
1 380
7 093
1 716
10 189
Disability or mental illness
4 165
1 409
3 491
9 065
Under 18
1 592
165
1 164
2 921
136
2 216
283
2 635
Receives a government benefit
12 497
8 163
10 340
31 000
Lives in regional or remote SA
2 791
1 997
2 330
7 118
429
2 659
446
3 534
4 304
1 030
3 669
9 003
65 or over
Requires an interpreter
In custody
Annual Report 2015-16 Legal Services Commission of South Australia
Commission Clients 2015-16
Strategies to improve services and access for people who fall within a priority group
are regularly reviewed. In particular, the Commission provides–
•interpreters;
•a telephone typewriter service;
•advice appointments by telephone so as not to disadvantage regional or
remote clients or those with mobility issues;
•Readspeaker on the Commission website for clients who are visually
impaired or prefer spoken language;
• regional offices;
• prison visits;
•video conferencing appointments;
•written advice available in community languages, including Braille;
•video information in Auslan.
Commission clients are amongst the most disadvantaged people in South Australia. The maps on the
following pages indicate–
•the total number of information, advice, duty lawyer and representation services delivered by the
Commission in each local government area as a percentage of the population of that area; and
•the number of grants of legal aid in each local government area as a percentage of the population
of that area.
The number of services is overlaid on a map showing the relative socio-economic disadvantage of each area,
using the Australian Bureau of Statistics’ 2011 Index of Relative Socio-Economic Disadvantage.
Legal Services Commission of South Australia Annual Report 2015-16
015
UNINCORPORATED SA
FLINDERS RANGES
CEDUNA
Grants of Aid—Regional and Rural 2015-16
Regional and Rural - Grants of Aid
ORROROO/CARRIETON
PORT
AUGUSTA
ROXBY DOWNS
MOUNT REMARKABLE
STREAKY BAY
WUDINNA
ELLISTON
KIMBA
WHYALLA
UNINCORPORATED SA
CLEVE
LOWER EYRE
PENINSULA
COPPER
COAST
TUMBY
STREAKYBAY
BAY
NORTHERN
AREAS
PORT
PIRIE
FRANKLIN
HARBOUR
BARUNGA
WEST
CEDUNA
016
FLINDERS RANGES
GOYDER
WAKEFIELD
PORT
AUGUSTA
ORROROO/CARRIETON
CLARE &
GILBERT
VALLEYS
PORT
LINCOLN
WUDINNA
ELLISTON
KIMBA
YORKE
PENINSULA
CLEVE
MALLALA
WHYALLA
PORT
PIRIE
FRANKLIN
HARBOUR
BARUNGA
WEST
COPPER
COAST
LOWER EYRE
PENINSULA
TUMBY
BAY
PORT
LINCOLN
YANKALILLA
YORKE
PENINSULA
RENMARK
PARINGA
BERRI
BARMERA
MOUNT REMARKABLE
UIA
PETERBOROUGH
LIGHT
MID
NORTHERN MURRAY
AREAS
BAROSSA
LOXTON
WAIKERIE
GOYDER
WAKEFIELD
MURRAY
KAROONDA
EAST MURRAY
BRIDGE
CLARE
&
GILBERT
ALEXANDRINA
VALLEYS
VICTOR
LIGHT
HARBOR MALLALA
BAROSSA
RENMARK
BERRI
PARINGA
SOUTHERN
BARMERA
MALLEE
MID
MURRAY
LOXTON
WAIKERIE
THE COORONG
KANGAROO ISLAND
KAROONDA
EAST MURRAY
MURRAY
BRIDGE
ALEXANDRINA
TATIARA
SOUTHERN
YANKALILLA
VICTOR
HARBOR
ANGU PITJANTJATJARA
ARALINGA TJARUTJA
PETERBOROUGH
UIA
MALLEE
KINGSTON
THE COORONG
NARACOORTE
LUCINDALE
KANGAROO ISLAND
COOBER PEDY
ROBE
ANANGU PITJANTJATJARA
TATIARA
KINGSTON
NARACOORTE
WATTLELUCINDALE
RANGE
ROXBY DOWNS
COOBER PEDY
ROBE
MOUNT
GAMBIER
GRANT
MARALINGA TJARUTJA
UNINCORPORATED
SA
WATTLE RANGE
ROXBY DOWNS
MOUNT
GAMBIER
GRANT
UNINCORPORATED SA
LEGEND
LEGEND
Most disadvantage
Most disadvantage
Grants of Aid
Least
Grants of Aid
Least
Some disadvantage
Some disadvantage
Least disadvantage
Least disadvantage
Most
Most
LSC OfficeLSC Office
Annual Report 2015-16 Legal Services Commission of South Australia
GAWLER
PLAYFORD
Grants of Aid—Metropolitan
Adelaide 2015-16
Metropolitan Adelaide - Grants of Aid
GAWLER
SALISBURY
PLAYFORD
TEA TREE
GULLY
017
PORT ADELAIDE ENFIELD
CAMPBELLTOWN
PROSPECT
SALISBURY
WALKERVILLE
NORWOOD
PAYNEHAM
& ST PETERS
CHARLES STURT
ADELAIDE
TEA TREE
GULLY
PORT ADELAIDE ENFIELD
BURNSIDE
WEST TORRENS
ADELAIDE HILLS
CAMPBELLTOWN
PROSPECT
UNLEY
WALKERVILLE
HOLDFAST
BAY
ADELAIDE HILLS
NORWOOD
PAYNEHAM
& ST PETERS
CHARLES STURT
ADELAIDE
MITCHAM
WEST
TORRENS
MARION
BURNSIDE
UNLEY
HOLDFAST
BAY
MITCHAM
MARION
MOUNT BARKER
MOUNT BARKER
ONKAPARINGA
LEGEND
ONKAPARINGA
LEGEND
Most disadvantage
Most disadvantage
Grants of Aid
Least
Grants of Aid
Least
Some disadvantage
Some disadvantage
Least disadvantage
Least disadvantage
LSC OfficeLSC Office
Legal Services Commission of South Australia Annual Report 2015-16
Most
Most
UNINCORPORATED SA
FLINDERS RANGES
CEDUNA
All Services—Regional and Rural 2015-16
Regional and Rural - All Services
ORROROO/CARRIETON
PORT
AUGUSTA
ROXBY DOWNS
MOUNT REMARKABLE
STREAKY BAY
WUDINNA
ELLISTON
KIMBA
WHYALLA
UNINCORPORATED SA
CLEVE
LOWER EYRE
PENINSULA
COPPER
COAST
TUMBY
STREAKYBAY
BAY
NORTHERN
AREAS
PORT
PIRIE
FRANKLIN
HARBOUR
BARUNGA
WEST
CEDUNA
018
FLINDERS RANGES
GOYDER
WAKEFIELD
PORT
AUGUSTA
ORROROO/CARRIETON
CLARE &
GILBERT
VALLEYS
PORT
LINCOLN
WUDINNA
ELLISTON
KIMBA
YORKE
PENINSULA
CLEVE
MALLALA
WHYALLA
PORT
PIRIE
FRANKLIN
HARBOUR
BARUNGA
WEST
COPPER
COAST
LOWER EYRE
PENINSULA
TUMBY
BAY
PORT
LINCOLN
YORKE
PENINSULA
PETERBOROUGH
LIGHT
MID
NORTHERN MURRAY
AREAS
BAROSSA
LOXTON
WAIKERIE
GOYDER
WAKEFIELD
MURRAY
BRIDGE
CLARE
&
GILBERT
ALEXANDRINA
KAROONDA
EAST MURRAY
RENMARK
BERRI
PARINGA
SOUTHERN
BARMERA
VALLEYS
YANKALILLA
VICTOR
HARBOR
MALLALA
RENMARK
PARINGA
BERRI
BARMERA
MOUNT REMARKABLE
UIA
LIGHT
BAROSSA
MALLEE
MID
MURRAY
LOXTON
WAIKERIE
THE COORONG
KANGAROO ISLAND
MURRAY
BRIDGE
ALEXANDRINA
KAROONDA
EAST MURRAY
TATIARA
SOUTHERN
YANKALILLA
VICTOR
HARBOR
NGU PITJANTJATJARA
RALINGA TJARUTJA
PETERBOROUGH
UIA
MALLEE
KINGSTON
THE COORONG
NARACOORTE
LUCINDALE
KANGAROO ISLAND
COOBER PEDY
ROBE
ANANGU PITJANTJATJARA
TATIARA
KINGSTON
NARACOORTE
WATTLELUCINDALE
RANGE
ROXBY DOWNS
COOBER PEDY
ROBE
MOUNT
GAMBIER
GRANT
MARALINGA TJARUTJA
UNINCORPORATED
SA
WATTLE RANGE
ROXBY DOWNS
MOUNT
GAMBIER
GRANT
UNINCORPORATED SA
LEGEND
LEGEND
Most disadvantage
Most disadvantage
Services provided
Least
Services provided
Least
Some disadvantage
Some disadvantage
Least disadvantage
Least disadvantage
Most
Most
LSC Office LSC Office
Annual Report 2015-16 Legal Services Commission of South Australia
GAWLER
PLAYFORD
All Services—Metropolitan Adelaide 2015-16
Metropolitan Adelaide - All Services
GAWLER
SALISBURY
PLAYFORD
TEA TREE
GULLY
019
PORT ADELAIDE ENFIELD
CAMPBELLTOWN
PROSPECT
WALKERVILLE
SALISBURY
ADELAIDE HILLS
NORWOOD
PAYNEHAM
& ST PETERS
CHARLES STURT
TEA TREE
GULLY
ADELAIDE
PORT ADELAIDE ENFIELD
BURNSIDE
WEST TORRENS
UNLEY
CAMPBELLTOWN
PROSPECT
WALKERVILLE
HOLDFAST
BAY
ADELAIDE HILLS
NORWOOD
PAYNEHAM
& ST PETERS
CHARLES STURT
ADELAIDE
BURNSIDE
MITCHAM
WEST TORRENS
MARION
UNLEY
HOLDFAST
BAY
MITCHAM
MARION
MOUNT BARKER
MOUNT BARKER
ONKAPARINGA
LEGEND
ONKAPARINGA
Most disadvantage
LEGEND
Most disadvantage
Some disadvantage
Services provided
Least
Services provided
Least
Some disadvantage
Least disadvantage
Least disadvantage
LSC Office
Legal Services Commission of South Australia Annual Report 2015-16
LSC Office
Most
Most
020
Annual Report 2015-16 Legal Services Commission of South Australia
Commission
Client Services
021
Legal Services Commission of South Australia Annual Report 2015-16
Prevention and early intervention services
2015-16
What we do
The Commission delivers preventative and early intervention services through the provision of—
• general legal information;
• specific legal advice tailored to an individual’s particular legal need;
• community legal education.
022
These services are freely available to all South Australians and can be accessed by–
•telephoning the Commission’s legal helpline (1300 366 424) for legal information or advice
or for referral to an appropriate agency;
• attending a Commission office for an advice appointment;
•chatting online with a legal adviser through Legal Chat on the Commission website at
www.lsc.sa.gov.au;
• attending a legal education session in person or by audio visual link.
In addition, the Commission–
• produces a range of free publications explaining the law in simple terms;
•produces and regularly updates a Law Handbook, available on the Commission website and
widely acknowledged as the premier resource for free legal information in South Australia;
• posts information on Twitter, YouTube and Facebook.
Client perspective
A letter from a client reads–
“Thank you so much for your wonderful legal helpline. It is a truly excellent
service. The young woman this morning was so instantly clear about my course
of action, she was supportive of what I had thought to do, and I felt so much
better after speaking with her. I wish to convey my thanks to her—
a thousand thanks actually!”
Annual Report 2015-16 Legal Services Commission of South Australia
Prevention and early intervention services 2015-16
Key achievements
Increased access
In line with recent years, the number of recorded calls to the legal helpline continued to increase.
These calls are answered from 9am to 4.30pm each business day by a legal adviser or experienced
paralegal. In 2015-16, the average waiting time for callers was 43 seconds.
023
Total Calls
82 000
80 946
80 000
81 680
79 216
78 000
76 000
74 000
75 417
74 295
74 220
72 000
70 000
2010-11 2011-122012-132013-142014-152015-16
Legal Chat
Legal Chat was launched in September 2015. It is accessed via the Commission’s website,
supplementing the legal helpline and providing an additional portal of communication for
people requiring legal information. As at 30 June 2016, 3 289 legal enquiries had been
responded to through Legal Chat. Significantly, 15% of users came from rural and regional
parts of South Australia.
Legal Services Commission of South Australia Annual Report 2015-16
Prevention and early intervention services 2015-16
Women’s Safety
During 2015-16 the Commission, with funding from the Commonwealth Government’s Women’s
Safety Package, set up a specialist domestic violence legal assistance unit. Commission staff
worked with locally based support agencies to provide a mobile advisory service for women in
Adelaide’s northern region at risk of domestic violence.
024
The Commonwealth funding was also used to establish a Health Justice Partnership. Under this
Partnership Commission lawyers work with local health providers to increase early detection
of women suffering from domestic violence and in need of legal advice and a co-ordinated
support plan.
South Australian Civil and Administrative Tribunal (SACAT)
The Commission administers a legal assistance scheme in mental health and guardianship matters
at SACAT. The scheme provides free legal advice and representation for people involved in reviews
of orders made under the Guardianship and Administration Act 1993 and the Mental Health Act
2009. Commission lawyers provide this service, in addition to private legal practitioners drawn
from a specialist panel. Clients may also request a solicitor of choice, subject to compliance with
the terms of the scheme.
Facts and figures
Legal information and advice
In 2015-16, Commission advisers provided legal information and advice to more than 70 000
telephone callers and in more than 21 000 advice appointments.
2012-13
2013-14
2014-15
2015-16
Telephone information
64 506
62 744
68 028
70 287
Legal chat
-
-
-
*3 289
Advice appointments
27 687
24 830
25 122
21 365
Total
92 193
87 574
93 150
94 941
*Legal Chat was established in September 2015
Annual Report 2015-16 Legal Services Commission of South Australia
Prevention and early intervention services 2015-16
Top five telephone information enquiries
2014-15
No. Enquiries
2015-16
No. Enquiries
Family law - contact with children
6 268
Family law - contact with children
6 583
Contract dispute
3 788
Fences / retaining walls
4 146
Fences / retaining walls
3 684
Contract dispute
3 325
Property settlement
3 135
Property settlement
3 170
Debt
2 436
Law in general
2 371
Legal advisers provide general legal information and advice as well as more specialist advice in areas such
as migration law, domestic violence and Centrelink matters. In particular, specialist advice was provided
in the following areas:
Migration—Advice and assistance is provided in matters relating to applications for onshore
protection visas and permanent spouse visas. Each application for assistance is assessed on its merits
to ensure an appropriate allocation of resources.
Administrative Appeals Tribunal (AAT)—Legal advice is provided at the AAT for people involved in
disputes with Centrelink, and unrepresented applicants involved in Commonwealth workplace injury
compensation claims.
Consumer Law—A specialist adviser in consumer law and consumer credit law is based in the Adelaide
office. This lawyer regularly attends the Investigation Summons Court in the Adelaide Magistrates
Court to provide advice and assistance to unrepresented debtors and make referrals to financial
counselling services.
Prison advice (family and child support)—Commission staff regularly attend the Adelaide Remand
Centre, Yatala Labour Prison, the Adelaide Women’s Prison and the Mobilong Detention Centre to
provide individual specialist advice about family law matters arising from incarceration. A booked
telephone advice service is available for prisoners located in regional prisons.
Legal Services Commission of South Australia Annual Report 2015-16
025
Prevention and early intervention services 2015-16
Advice category
Migration
2013-14
2014-15
2015-16
4 536
3 982
3 764
5
4
59
3 150
3 240
3 157
769
754
816
-
*53
963
Administrative Appeals Tribunal
Consumer Law
Prison advice (Family and Child support)
026
SACAT
*SACAT
commenced
operation on
30 March 2015
Public Service Association Legal Services Scheme—A legal advisory service is provided to
members of the SA Public Service Association (PSA). This dedicated telephone legal advice line
is funded by the PSA.
Community Legal Education
Community legal education sessions provide legal and civic education to people at risk of social
exclusion. To effectively reach marginalised groups, information sessions are held for community
sector workers.
Youth education—The youth education program teaches young people about the legal system, their
rights and responsibilities and how to seek appropriate assistance.
Disability—Under the SA Disability Justice Plan, Commission staff provide legal education to people
with a disability, their carers and disability sector workers.
Migrant Legal Education—Migrant legal education is underpinned by intensive consultation
with migrant community groups. Education sessions are delivered in partnership with culturally
appropriate organisations. Legal education brochures are published in ten languages commonly
spoken by new arrivals—Arabic, Burmese, Chinese [Mandarin], Dari, English, Hindi, Persian, Swahili,
Nepali and Vietnamese.
Law for Community Workers course—The Law for Community Workers course, run by TafeSA as a
subject in Certificate IV in Legal Studies, features specialist lawyer educators from the Commission.
The focus of the course is practical, developing skills in identifying legal problems and providing
legal information and referrals. It is intended for case workers and information officers who provide
direct client services. People from diverse backgrounds and those who work with disadvantaged
groups are particularly encouraged to attend.
Community Legal Education 2015-16
Sessions
Participants
178
6 174
Annual Report 2015-16 Legal Services Commission of South Australia
Prevention and early intervention services 2015-16
Website page views
Law Handbook
LSC website
Total
% increase
(over 2 yrs)
2013-14
2014-15
2015-16
1 118 851
1 364 068
1 545 363 38%
708 019
795 411
984 352 39%
1 826 870
2 159 479
2 529 715
38.5%
Top five online legal information topics
2014-15
2015-16
Traffic offences
Alcohol / drugs and driving offences
Alcohol / drugs and driving offences
Traffic offences
Good behaviour bonds
Good behaviour bonds
Common driving offences
Rights of an arrested person
Family law
Cannabis – use and supply
Challenges
Communicating now
The Commission continually examines how new technologies can help meet growing demand at a time of
diminishing funding. The introduction of the Legal Chat service and legal information webinars, and the
use of social media platforms, are examples of the Commission’s response to client expectations of legal
service delivery.
Communicating in the future
The Commission is moving away from its past dependence on hard copy printed materials, instead making
legal information available in online fact sheets and booklets. Small in-house production videos will be
used to bolster the legal education material on the Commission website, and will assist those who have
reading difficulties or cognitive impairment. Website translator software will be used to assist those for
whom English is not a first language.
Travelling to the client
The Commission is moving lawyers away from office environments to engage with those in need of
advice, including people who might not otherwise seek or find legal assistance. Examples of this include
the outreach advice and information services at the Adelaide Magistrates Court, the Administrative
Appeals Tribunal and the Murray Bridge regional Community Centre. This year, ‘pop-up’ legal advice at
the Adelaide Railway Station was trialled. It is anticipated that Commission lawyers will increasingly need
to search out unmet need for legal assistance.
Legal Services Commission of South Australia Annual Report 2015-16
027
Duty Lawyer Services 2015-16
What we do
The Commission provides duty lawyer services to all members of the public at the Magistrates
Courts, the Family Law Courts and the Youth Court. The presence of a duty lawyer assists matters
to settle and reduces hearing times. The courts repeatedly voice their appreciation and support for
this program.
At the Family Law Courts Commission duty lawyers are available each sitting day to provide free
legal information, advice and in some cases representation to clients who are not represented.
These lawyers–
028
• assist parties to manage court appearances;
• provide assistance with legal aid applications;
•refer clients to private family law practitioners or other community services as appropriate.
In the Magistrates Courts and Youth Court, duty solicitors are available throughout the day to–
• give legal advice to unrepresented defendants;
• appear on adjournments;
• conduct bail applications for people in custody;
• conduct simple guilty pleas.
Family 2015-16
Facts and figures
Criminal Total
1 769
14 465
16 234
2014-15
1 638
15 198
16 836
2013-14
1 486
13 240
14 726
2012-13
2 069
12 921
14 990
In 2015-16, 16 234 duty lawyer services
were provided, 14 465 of which were in
criminal law matters and 1 769 of which
were in family law matters. These services
were provided by both Commission inhouse lawyers and private practitioners
funded by the Commission.
Criminal law duty lawyer services by court type and work type
Court
District
Advice
Mention
Plea
Contested
Bail
Application
Hearing
Other
Total
0
3
0
0
0
0
3
3 398
3 471
466
5 585
48
572
13 540
Youth
573
178
47
85
1
38
922
Total
3 971
3 652
513
5 670
49
610
14 465
Magistrates
Annual Report 2015-16 Legal Services Commission of South Australia
Duty Lawyer Services 2015-16
Criminal law duty lawyer services by court location and work type
Court
Advice
Mention
Plea
Adelaide
Contested
Bail
Application
Hearing
Other
Total
1 405
1 646
176
807
5
179
4 218
1
1
2
1
0
0
5
49
236
47
17
1
5
355
493
322
57
561
0
105
1 538
9
12
4
3
0
0
28
Elizabeth
819
526
63
2 550
28
240
4 226
Ernabella
0
1
5
0
0
0
6
Fregon
0
1
3
0
0
0
4
Holden Hill
40
54
5
1
0
0
100
Indulkana
0
5
5
1
2
1
14
Leigh Creek
0
4
1
0
0
0
5
Millicent
9
5
0
0
0
0
14
Mimilli
0
2
0
0
0
0
2
Mount Barker
171
29
1
5
0
1
207
Mount Gambier
38
40
12
0
0
0
90
Murray Bridge
1
4
0
1
0
0
6
Noarlunga
0
0
1
0
0
0
1
Port Adelaide
603
297
5
1 110
0
62
2 077
Port Augusta
110
272
71
403
2
8
866
Port Lincoln
0
0
0
1
0
0
1
Port Pirie
0
1
1
0
2
0
4
Victor Harbor
2
12
1
0
0
0
15
Waikerie
11
29
4
0
0
0
44
Whyalla
210
153
49
209
9
9
639
3 971
3 652
513
5 670
49
610
14 465
Amata
Berri
Christies Beach
Coober Pedy
Total
Legal Services Commission of South Australia Annual Report 2015-16
029
Duty Lawyer Services 2015-16
Family law duty lawyer services by court type and work type
Work Type
Family
Court
Federal Circuit
Court
No Court
Nominated
Total
Advice and information
54
588
555
1 197
Minor legal assistance
14
199
20
233
Adjourned / mention
1
8
0
9
Explaining consent orders
0
9
1
10
Negotiations / draft terms
0
29
0
29
Urgent hearing
4
23
0
27
Referral
1
17
28
46
Legal aid application
1
2
7
10
Mention
0
2
0
2
Hearing
0
5
0
5
Other
12
153
36
201
Total
87
1 035
647
1 769
030
Annual Report 2015-16 Legal Services Commission of South Australia
Grants of Legal Aid 2015-16
What we do
The Commission provides funding for the legal representation of clients who–
• come within the Commission’s means test; and
• have a legal case that has merit and is of a type that the Commission is able to fund.
Generally, cases that are able to be funded are criminal law cases where there is a real risk of
imprisonment or family law cases involving children.
For further information on cases that may be funded please visit the Commission website at
http://www.lsc.sa.gov.au/cb_pages/legal_aid.php.
A client who receives funding for legal assistance will be represented by a Commission lawyer or a
private practitioner who is on the appropriate Commission panel.
Key achievements
Increased efficiencies
During the financial year procedures were developed to improve efficiencies in the determination
of applications for legal assistance. These efficiencies have resulted in faster determinations, with
reduced staff. In particular, efficiencies were gained through–
• combining input with means testing;
• improving online recording of information; and
• streamlining practices and procedures with other sections of the Commission.
Facts and figures
16 510 grants of aid were provided this financial year, an increase of 448 over last year.
An increase in applications was also recorded, with 19 562 applications received this financial
year as compared to 19 254 in 2014-15.
Applications
2012-13
2013-14
2014-15
2015-16
Received
18 948
17 940
19 254
19 562
Granted
15 351
14 552
16 062
16 510
Legal Services Commission of South Australia Annual Report 2015-16
031
Grants of Legal Aid 2015-16
032
Application status
Family
Waiting assessment
6
0%
26
0%
0
0%
32
0%
Assigned externally
2 365
49%
8 730
60%
15
9%
11 110
57%
Assigned in-house 1 246
26%
4 150
28%
4
2%
5 400
27%
Refused
1 124
24%
1 570
11%
147
85%
2 841
15%
144
1%
6
4%
179
1%
Withdrawn
29
Total
1%
4 770
100%
Criminal 14 620
Civil 100%
172
Total
100% 19 562 100%
Care and protection applications (Children’s Protection Act 1993)
Waiting
assessment
Assigned
externally
Assigned
in-house
Refused
Withdrawn
Total
Adult
1
462
4
30
8
505
Child
0
80
439
0
7
526
Total
1
542
443
30
15
1 031
Applications received and granted by law type
Family
Criminal
Civil
2014-15
2015-16
2014-15
2015-16
2014-15
2015-16
Received
4 778
4 770
14 308
14 620
147
172
Granted
3 522
3 611
12 521
12 880
19
19
Granted applications – external / in-house
Assigned externally
Assigned in-house
Total
Criminal 8 730
67.7%
4 150
32.22%
12 880
Family 2 365
65.5%
1 246
34.5%
3 611
Civil 15
78.9%
4
21.1%
19
Total
11 110
67.3%
5 400
32.7%
16 510
Annual Report 2015-16 Legal Services Commission of South Australia
Grants of Legal Aid 2015-16
Reasons for refusal
Family
Autofinalise
0
0%
2
0%
0
0%
2
0%
Guidelines
235
21%
827
53%
123
84%
1 185
42%
Guidelines and means
122
11%
143
9%
4
3%
269
9%
Means
584
52%
542
35%
6
4%
1 132
40%
29
3%
1
0%
0
0%
30
1%
6
1%
2
0%
1
1%
9
0%
Merit
65
6%
45
3%
12
8%
122
4%
Merit and guidelines
41
4%
5
0%
1
1%
47
2%
No jurisdiction
42
4%
3
0%
0
0%
45
2%
Means and merit
Means,
merit and guidelines
Total
1124
100%
Criminal 1 570
100%
Civil 147
Total
100% 2 841
100%
High Court Appeals
During 2015-16 the Commission provided funding for three High Court Appeals, all relating to
significant issues of criminal law.
Expensive Criminal Cases
Ten Case Management Plans were lodged during the financial year under the State Expensive
Criminal Cases Funding Agreement. These plans were in relation to charges of murder, drug
trafficking, conspiracy to murder, persistent child sex abuse, rape and aggravated robbery.
Appendix 2 contains the Expensive Criminal Cases Funding Agreement.
In addition, one claim was lodged with the Commonwealth for a Commonwealth expensive
criminal case, relating to the importation of drugs.
Legal Services Commission of South Australia Annual Report 2015-16
033
Grants of Legal Aid 2015-16
Challenges
As resources continue to diminish it is essential that disadvantaged clients continue to receive
legal aid. Ensuring that sufficient and accurate data is collected to allow assessment of need
continues to be a challenge.
The commencement of random file auditing during the 2015-16 financial year has reinforced
practitioner panel membership requirements and practice standards.
034
The reduction in funding from both the State and Commonwealth Governments has meant there
has been no CPI increase in private practitioner fees over the last year. Pressure will now build for
an appropriate increase in 2016-17.
Annual Report 2015-16 Legal Services Commission of South Australia
Family Law Services 2015-16
What we do
The Commission assists people involved in family separation to resolve their disputes in an
appropriate way through–
• family dispute resolution; or
• litigation in the family law courts.
Family law legal services include–
035
• free duty lawyer services at the family law courts;
• free legal advice in all family law matters, including child support matters;
•legal representation in family law matters in relation to parenting disputes, financial issues
and child support matters;
•independent children’s lawyers, appointed by the courts to represent the best interests of
children in parenting cases before the courts;
•lawyer assisted family dispute resolution to help people resolve their disputes either before
litigation has commenced or during litigation;
• legal education and liaison with other members of the broader family law community.
Client case study
Mariannah decided to separate from her husband after he severely beat her in
front of their toddler. Unable to afford a private family law solicitor, Mariannah
approached the Commission. A Commission lawyer helped her apply for an
intervention order against her husband. The lawyer also helped Mariannah work
out an agreement with her husband regarding their child’s living arrangements.
This was done using appropriate Family Dispute Resolution processes, run by the
Commission, which avoided the need to go to court. Mariannah was also provided
with advice to help resolve a tenancy problem she was facing after leaving the
rental property where she had lived with her husband.
(Names and identifying details have been changed.)
Legal Services Commission of South Australia Annual Report 2015-16
Family Law Services 2015-16
Family law sub-programs
Parenting issues and child support
036
Experienced Commission family lawyers represent clients with substantial family law disputes in
cases involving parenting matters. Clients are represented at family dispute resolution conferences,
whether pre-litigation or court ordered, and in court. Commission lawyers also act as independent
children’s lawyers, representing the interests of children. These disputes regularly include
complicating factors such as family violence, mental health and drug and alcohol issues.
Family Dispute Resolution
The Family Law Act 1975 requires that in most cases, prior to making an application to the courts
for a parenting order, parties must have attempted family dispute resolution. The Commission
provides lawyer assisted family dispute resolution allowing a party receiving a current grant of
legal aid to request a conference be held at the Commission to attempt to resolve the dispute
without going to court.
A screening process is conducted to ensure that a conference is appropriate and that it is safe
for the parties to attend. Each person attends the conference with a lawyer to assist them and to
provide legal advice. The conference is chaired by a family dispute resolution practitioner who has
both legal and family dispute resolution qualifications.
Conferences can occur prior to the institution of court proceedings. An increasing number of
conferences are being held after litigation has commenced by direct referral from the Family Law
Courts to the Commission.
Independent children’s lawyers (ICLs)
In appropriate cases, accredited and experienced family lawyers are appointed as independent
children’s lawyers to represent the best interests of a child who is the subject of an application
for parenting orders in the court. These lawyers are involved in all stages of the case, including
at family dispute resolution conferences and at trial. During the course of the proceedings the
independent children’s lawyer–
• ensures any views of the child are made known to the court;
• arranges for appropriate evidence to be called; and
•examines evidence presented by other parties to respond according
to the best interests of the child.
Annual Report 2015-16 Legal Services Commission of South Australia
Family Law Services 2015-16
Key achievements
Review of Independent Children’s Lawyer (ICL) processes
As a response to the Australian Institute of Family Studies report on ICLs, the Commission
undertook a review of its ICL program. This included setting up a series of training programs aimed
specifically at the role of independent children’s lawyers in family law proceedings. These programs
were well supported by the judicial officers of the Family Law Courts and were attended by the
majority of ICLs practising in Adelaide.
An ICL website was launched by National Legal Aid during the year. All ICLs on the Commission’s
panel are able to register and access the resources on this website. The website provides a range of
information to assist ICLs in their practice including providing access to case law, up to date social
science research and a forum for communicating with other ICLs.
Creation of specialist panels
During 2015-16 two new specialist family law practitioner panels were created. A specialist
Independent Children’s Lawyer Panel was developed to ensure each legal practitioner undertaking
work as an ICL is appropriately trained and accredited to work with children in the family law
system.
A specialist Family Dispute Resolution Chairperson panel was also created. This panel comprises
family dispute resolution practitioners accredited under the Family Law Act 1975 to chair dispute
resolution conferences held at the Commission. It ensures consistent and quality practices are
delivered to legally aided clients within the family dispute resolution program.
10 years of duty lawyers
During the year the Commission celebrated the 10th anniversary of its Family Law Duty Lawyer
Service. An event celebrating the benefits of the service to clients was held at the Courts and
attended by the Honourable Justice Dawe.
An 8% increase was recorded in family law duty lawyer services this financial year. This follows a
10% increase in 2014-15.
Legal Services Commission of South Australia Annual Report 2015-16
037
Family Law Services 2015-16
Facts, figures and further information
038
Family law
2012-13
2013-14
2014-15
2015-16
Telephone information
17 344
15 606
16 312
18 486
Advice appointments
10 241
8 247
8 328
6 698
Duty lawyer sessions
2 069
1 486
1 638
1 769
2012-13
2013-14
2014-15
2015-16
Assigned in-house
1 152
1 025
1 192
1 246
Assigned externally 2 215
1 950
2 330
2 365
Total
3 367
2 975
3 522
3 611
Grants of aid
Private legal practitioners were assigned 65.5% of the grants of legal aid for family law matters
in 2015-16, as compared with 66% in 2014-15.
Family Dispute Resolution conferences
This settlement rate is based on agreements being reached in full or in part. In a significant
number of cases a further conference is held to review such an agreement at a later date.
2014-15
2015-16
Number of conferences
777
780
Settlement rate
75%
77%
Annual Report 2015-16 Legal Services Commission of South Australia
Family Law Services 2015-16
Independent Children’s Lawyers
ICL appointments
2010-11
2011-12
301
333
2012-13
363
2013-14
2014-15
2015-16
352
339
312
039
Challenges
Complexity of cases
With the success of compulsory family dispute resolution in resolving disputes prior to court,
the cases reaching litigation are increasingly demanding. These matters often involve family
violence and parties with interrelated legal and social issues. As well as providing legal advice
and representation, Commission lawyers need specialist knowledge to respond to these issues.
Care and protection applications (Children’s Protection Act 1993)
The Commission provides a legal practitioner at the Youth Court to represent children involved in
care and protection applications under the Children’s Protection Act 1993. This practitioner acts for
each of the children appearing before the court.
2012-13
2013-14
2014-15
2015-16
Applications
633
516
810
1 031
Granted
566
486
763
985
These applications are in relation to a new grant of aid. The figures do not include applications
relating to a person to whom a care and protection application has previously been granted.
Where more than one child in a family is the subject of an application, the application may
relate to multiple children.
Legal Services Commission of South Australia Annual Report 2015-16
Criminal Law Services 2015-16
What we do
The Commission provides the largest criminal law defence practice in the State. Legally aided
clients receive a comprehensive range of solicitor and counsel representation services in South
Australian criminal courts and in appeals to the High Court.
Criminal law legal services include–
040
• duty solicitors at the Youth Court and Magistrates Courts;
•advice and representation for clients facing criminal charges ranging from relatively minor
street offences in the Magistrates Court through to the most serious of charges in the District
Court and Supreme Court including drug trafficking, organised crime offending, sexual assaults
and murder;
•advice and representation for clients seeking to appeal to the Court of Criminal Appeal and to
the High Court;
• specialist criminal law services to–
—young people in the Youth Court, including representation for children detained in the
State’s youth detention facilities;
—clients with addiction illnesses who have been accepted into therapeutic rehabilitation
programs such as the Treatment Intervention Court (formally the Drug Court);
—vulnerable clients with mental illness, impaired cognitive function and physical disabilities.
Magistrates Court representation
Commission lawyers regularly appear in all metropolitan Magistrates Courts and in many country
Magistrates Courts, representing clients on bail applications, pleas of guilty and as counsel in
summary trials. Practitioners primarily working in courts of summary jurisdiction carry significant
case file loads and are highly skilled in managing the challenges of heavy court lists and sometimes
difficult legal and factual issues.
Higher court representation
In 2015 the Criminal Law Practice Division of the Commission underwent substantial structural
reform to create a counsel section and a solicitor advocate section. The counsel section represents
legally aided clients charged with the most serious criminal offences before the District Court,
Supreme Court and High Court. Under this new structure counsel are briefed early, allowing clients
to be given expert advice, better outcomes and a more timely settlement of cases.
Annual Report 2015-16 Legal Services Commission of South Australia
Criminal Law Services 2015-16
Key achievements
Diversionary programs
In 2015-16 Commission legal practitioners provided comprehensive legal assistance to clients in
diversionary programs such as the Treatment Intervention Court (formerly the Drug Court) and the
Gambling Court. These practitioners actively supported court initiated programs seeking to apply
principles of targeted therapy within the criminal justice system as a means of reducing crime and
recidivism in the community.
Responding to increased demand
The increasing demand for criminal law defence services resulted in significant adjustment to
the operation of the Commission’s criminal law practice, with the Commission having to respond
more frequently to the urgent needs of all courts dealing with unrepresented defendants. In the
Magistrates Courts, greater duty solicitor resources were required to cope with larger custody
lists. In the higher courts, there was an increase in requests to the Commission to manage
unrepresented defendants seeking assistance on bail reviews, bench warrants, committal hearings,
trials, guilty pleas and appeals.
High Court and Court of Criminal Appeal
In 2015-16 the counsel section conducted some of the State’s most high profile criminal trials and
appeals to the Court of Criminal Appeal and the High Court against both conviction and sentence.
Commission lawyers acted as solicitor or counsel in 28 matters in these higher courts.
An example of such a matter occurred in May 2016 when the Commission represented a client
convicted of a joint enterprise murder before the High Court. A question for consideration by
the High Court was whether a recent judgement of the English Privy Council (subsequent to the
client’s conviction at trial and unsuccessful CCA appeal) overturning the traditional common law
approach to the law relating to joint enterprise was applicable to the client’s case and should be
followed.
Northern District Criminal Court
Commission lawyers provided counsel for each of the six 2015-16 circuits of the Northern
District Criminal Court, sitting at Port Augusta. Practitioners from both the counsel section
and the solicitor advocate section were briefed to conduct trials, pleas and bail applications by
solicitors employed in the Commission’s Port Augusta and Whyalla offices, the Aboriginal Legal
Rights Movement and the private profession where clients were eligible for a grant of legal aid.
Legal Services Commission of South Australia Annual Report 2015-16
041
Criminal Law Services 2015-16
The availability of experienced counsel not only benefited clients but also the courts and the Office
of the Director of Public Prosecutions. Both were able to rely on the consistency and continuing
presence of Commission representation in managing large circuit court lists.
Vulnerable witnesses
042
In May 2016 Commission defence lawyers and prosecutors from the Office of the Director of Public
Prosecutions held a joint training day to improve understanding of the communication needs
of vulnerable witnesses, in particular young children and people with intellectual disabilities.
There was a strong focus on training lawyers to use language appropriate to the needs and
comprehension of vulnerable people when giving evidence in court.
Facts and figures
Private practitioners received 67.7% of the grants of legal aid for criminal law matters in 2015-16,
as compared with 68% in 2014-15.
Criminal law
2012-13
2013-14
2014-15
2015-16
Telephone information
11 448
12 079
12 116
12 774
Advice appointments
3 945
3 857
3 789
3 064
Duty solicitor sessions
12 921
13 240
15 198
14 465
2012-13
2013-14
2014-15
2015-16
Assigned in-house
3 893
3 574
3 969
4 150
Assigned externally
8 070
7 980
8 552
8 730
11 963
11 554
12 521
12 880
Grants of aid
Total
Annual Report 2015-16 Legal Services Commission of South Australia
Criminal Law Services 2015-16
Challenges
Mental Illness
Many Commission clients suffer from chronic mental illness such as schizophrenia, bi-polar
disorder, major depression and post traumatic stress disorder. In many cases the client’s mental
illness contributed to the offending behaviour, raising the questions of fitness to plead and mental
competence to commit the offence. These matters must be explored and determined by the court
with the assistance of expert psychiatric and psychological opinion. The work can be demanding
and complex, with clients incapable of providing instructions charged with very serious offences,
including murder.
Clients affected by methamphetamine
The prevalence of methamphetamine (ice) in the community poses significant challenges for
criminal law practitioners, as it does for the entire justice system. Duty solicitors are more
frequently confronted with overnight arrest custody clients suffering withdrawal symptoms from
ice addiction, making it difficult to obtain instructions and secure bail. In-house practitioners
report that ice has played a part in a broad spectrum of offences including assaults, public order
and dishonesty offending, family violence and street level drug dealing.
Legal Services Commission of South Australia Annual Report 2015-16
043
Regional Services 2015-16
What we do
The Whyalla and Port Augusta offices of the Commission provide legal representation and advice
to clients from the Eyre Peninsula, mid-north and north of South Australia.
Representation is provided in the Youth Court and Magistrates Court sitting in Whyalla and Port
Augusta and in the Northern District Criminal Court sitting in Port Augusta.
044
Advice and representation is provided for clients at family dispute resolution conferences and
before the Federal Circuit Court and Family Court sitting in Adelaide, either in person or by
telephone.
Client perspective
A letter from a client reads—
Annual Report 2015-16 Legal Services Commission of South Australia
Regional Services 2015-16
Key achievements
Family law practice in Port Augusta
The Commission’s Whyalla and Port Augusta family lawyer has recently been accredited as an
independent children’s lawyer. Consequently, she has been involved in a number of complex
children’s matters with files coming from all over the north of the State as well as from Port Lincoln.
Appointment of full time legal adviser
045
The Commission’s ability to provide timely legal advice in Port Augusta and Whyalla, over a broad
range of areas of the law, has been enhanced with the appointment of a full time legal adviser.
Facts and figures
Services provided from Port Augusta and Whyalla offices
Grant of Aid
Advice
Appointment
Duty Lawyer
Service
Total
2015-16
626
*907
1 598
3 131
2014-15
640
1 623
1 763
4 026
*There was no adviser between August 2015 and February 2016
Client priority group
Grant of Aid
Advice
Appointment
Duty Lawyer
Service
Total
261
134
658
1 053
5
61
23
89
105
86
258
449
Under 18
57
20
139
216
65 or over
2
113
22
137
Receives a government benefit
457
397
1 028
1 882
Lives in regional or remote SA
494
816
1 314
2 624
43
6
42
91
215
51
473
739
Aboriginal or Torres Strait Islander
Culturally and linguistically diverse
Disability or mental illness
Requires an interpreter
In custody
Legal Services Commission of South Australia Annual Report 2015-16
Regional Services 2015-16
Challenges
Tyranny of distance
Over the last 12 months an increasing proportion of incarcerated clients are being held in prisons
all over the State. Lawyers from the Whyalla and Port Augusta offices represent prisoners in Port
Augusta, Port Lincoln, Mount Gambier, Mobilong, Yatala and the Women’s Prison.
046
The distance from Whyalla and Port Augusta to the various prisons makes obtaining instructions
or even meeting clients in person very difficult. This difficulty is enhanced by the lack, or limited
availability, of AVL in some prisons.
As a result of conflict, or lack of availability of local practitioners, Commission lawyers from
Port Augusta and Whyalla are increasingly being asked to represent clients appearing in other
jurisdictions including Port Lincoln, Port Pirie and Ceduna Magistrates Courts. If at all possible,
practitioners appear at these hearings by phone or AVL but there are occasions when an
appearance in person is required, necessitating considerable travelling time.
The following case study illustrates these challenges:
A practitioner from the Whyalla and Port Augusta offices acted for one of three people coaccused with major and minor indictable charges before the Ceduna Magistrates Court.
The client wanted to admit the minor indictable charges. In order to benefit from the discount
on penalty for an early plea these matters had to be called on before the Elizabeth Magistrates
Court as the Court does not sit every week in Ceduna. The Commission practitioner had to
appear via AVL with the defendant appearing by AVL from the Port Lincoln Prison.
The major indictable charges were subsequently listed for no case submissions before the
Ceduna Court. The two co-accused appeared by AVL from Yatala, the Commission client by AVL
from Port Lincoln and the Commission practitioner by mobile phone from Port Augusta as the
AVL system could not accommodate a four way link.
The submissions were successful and the major indictable charge was dismissed.
Annual Report 2015-16 Legal Services Commission of South Australia
Commission
Corporate Services
047
Legal Services Commission of South Australia Annual Report 2015-16
Governance 2015-16
Governing legislation
The Commission is a statutory authority established by the Legal Services Commission Act 1977
(the Act). It is a body corporate. It is not an instrumentality of the Crown and is independent of
Government.
048
The Commission consists of 10 members who determine the broad policies and strategic priorities
of the organisation. Additionally, Commissioners determine appeals against a refusal by the
Director to grant legal assistance for representation. Commissioners bring a diverse range of skills
including legal, financial, management and community relations expertise.
The Director of Legal Services is a member of the Commission. The Director is appointed by the
Commission and holds office on terms and conditions determined by the Commission and approved
by the Governor.
The Director is responsible to the Commission for the provision of legal assistance in accordance
with the Act. Accordingly, the Director oversees the daily management of the Commission, with
assistance from the Deputy Director and senior managers.
Transparency and accountability is ensured through external auditing, reporting to the
Commonwealth and State Governments and the tabling of audited financial statements as
contained in this Report.
The Commission
The Commission consists of the following members:
• the Chairman, appointed by the Governor on the nomination of the Attorney-General;
•a person to represent the interests of assisted persons, appointed by the Governor on the
nomination of the Attorney-General after consultation with the South Australian Council of
Social Services Incorporated;
• three persons appointed by the Governor on the nomination of the Attorney-General;
• three persons appointed by the Governor on the nomination of the Law Society;
•an employee of the Commission, appointed by the Governor on the nomination of the
employees on the Commission;
• the Director.
Each appointed member of the Commission holds office for three years and at the end of the term
of appointment is eligible for reappointment.
Annual Report 2015-16 Legal Services Commission of South Australia
Governance 2015-16
For the 2015-16 reporting year the Commission comprised the following members:
Michael Abbott AO QC LLB—
Craig Caldicott LLB—nominee of
Chairman (appointed Chairman
the Law Society of South Australia
12 December 2013)
(appointed 5 February 2015)
049
Michael Dawson BA, Dip Ed—
Andrew English LLB—nominee of
representative of the interests
the employees of the Legal Services
of assisted persons (appointed
Commission (appointed 16 July 2009,
16 February 2006)
expired 18 July 2015)
Alan Herald FCA—nominee of the
Gabrielle Canny LLB—Director of
South Australian Attorney-General
the Legal Services Commission
(appointed 6 December 2012)
(appointed Director 2 August 2012)
Alison Lloydd-Wright BA (Hons),
LLB—nominee of the South
Australian Attorney-General
(appointed 12 December 2013)
The Commission held 11 meetings in the
2015-16 financial year. It is advised on
specific matters by a number of committees.
In 2015-16 these included the–
•Accommodation Committee;
Society of South Australia (appointed 10
•Audit, Compliance and
Risk Committee;
September 2012, expired 9 September 2015);
•Budget Committee;
John Keen LLB, LLM—nominee of the Law
nominee of the South Australian AttorneyGeneral (appointed 5 November 2015);
Catherine Nelson LLB—nominee of
the Law Society of South Australia
(appointed 29 May 2014)
Legal Services Commission of South Australia Annual Report 2015-16
•Conference Committee
•Funding guidelines and
Panels Review Committee;
•ICT Steering Committee; and
•Panels Appeal Committee.
Governance 2015-16
Audit, Compliance and Risk Committee
The Audit Compliance and Risk Committee assists the Commission to fulfil its governance
responsibilities. It provides oversight of financial matters and risk management.
The Committee considers–
• all matters that relate to the financial affairs of the Commission;
050
• the findings of the external audit conducted by the Auditor General;
• risk management strategies and exposures as they arise; and
• any other matters referred to it by the Commission.
Key risk indicators have been developed to monitor risks against likelihood and impact. Regular
reports on risk assessment, and the action taken, are provided to the Committee.
The financial management of the Commission is in accordance with applicable Australian
Accounting Standards, the Treasurer’s Instructions and Accounting Policy Statements. To minimise
the potential for fraud, a risk register, a Financial Management Compliance Program and accounting
procedures and policies are maintained and regularly reviewed in conjunction with the external
auditors and the Audit, Compliance and Risk Committee.
Organisational Structure
The Commission provides legal assistance through two programs— the Access Services Program
and the Representation Program. Services under both programs are provided to rural and remote
clients through Commission offices at Whyalla and Port Augusta.
National Partnership Agreement
The current National Partnership Agreement on Legal Assistance Services (NPA) commenced
on 1 July 2015 for a five year term. It is an agreement between the Commonwealth and
states and territories, under which the Commonwealth funds each legal aid commission.
Performance indicators established under the NPA must be met as a prerequisite to continued
Commonwealth funding.
The objective of the NPA is a national legal assistance sector that is integrated, efficient and
effective, focussed on improving access to justice for disadvantaged people and maximising service
delivery within available resources.
Annual Report 2015-16 Legal Services Commission of South Australia
Governance 2015-16
Corporate Planning
A new Commission Corporate Plan was launched in November 2015, after consultation with both
Commissioners and staff to contribute ideas for future strategies and to identify key performance
indicators. The Plan is available under the About Us section of the Legal Services Commission website.
Commission performance against the key performance indicators identified in the Corporate Plan
is available at Appendix 1 of this Report.
The Commission’s
Organisational Structure
Commissioners
Director
Chief Counsel
Deputy Director
Policy & Research
Access Services
Program
Representation
Program
Client Relations
Human Resources
Advice
Assignments
Finance
Community Legal
Education
Criminal Law
Library Services
Family Law
Whyalla &
Pt Augusta
Program
Information &
Communication
Technology
Infrastructure
Program
Legal Services Commission of South Australia Annual Report 2015-16
051
Staff 2015-16
As at 30 June 2016, the Commission employed 202 people (both legal and nonlegal) to carry out its functions under the Act. Each person is appointed on such
terms and conditions as are determined by the Commission and approved by the
Commissioner for Public Sector Employment.
During the reporting year many members of staff contributed, in their own time, to professional
associations. In addition, staff members were involved in a wide variety of community organisations.
052
Voluntary Separation Packages
The Commission’s funding from both the State and Commonwealth governments was reduced
from 1 July 2015, resulting in budget cuts to all areas of the Commission. A voluntary separation
scheme was offered to staff. Of the staff who applied for a separation package, 20 were accepted,
with staff leaving during August and September 2015.
This reduction in staff had a significant impact on the Commission, necessitating a range of
support activities including staff consultations, process improvements and the restructure of
work teams.
Work Health & Safety
The focus for work health and safety this year was on the safety of staff and clients and on
wellbeing initiatives.
The Employee Assistance Program, a foundation program supporting the well-being of staff, was
reinvigorated with–
• information on the scope of the program displayed in common areas of all offices;
• a supply of brochures and contact information provided to each office;
• information provided to Managers to assist with queries with respect to the program.
All staff members are encouraged to utilise this service. It is of particular benefit given the nature
of the work carried out by many staff members and the confronting situations with which they
are often faced.
Continuous Improvement
The Commission continues to adopt best practice strategies with respect to the delivery of human
resource support. Recruitment processes have been reviewed and a number of new practices
adopted, including–
•assumption by HR of management and briefing of all recruitment providers for both
temporary and contract positions;
Annual Report 2015-16 Legal Services Commission of South Australia
Staff 2015-16
•coordination by HR of all communication with candidates throughout the recruitment process, with
templates designed to ensure consistency of information delivery;
• tailoring the recruitment process to the needs of the role e.g. if part of the role involves telephone
contact with the public, using telephone interviews to assess this ability;
•the introduction of standardised administrative and reporting templates.
Employee numbers, status and gender
053
Number of employees Total
Gender
Persons
202
Male
24.26
25.6
Female
75.74
74.4
Full-time equivalent
186.73
% Persons % FTE’s
Total
Number
of persons at
30 June 2016
Total
s eparated from the
Commission
48
n leave without pay
o
from the Commission
2
were recruited to the
Commission
32
Number
of persons during
2015-16 financial year who
Status of employees in current position
Number of employees
by salary bracket
Salary
bracket
$73 300
– $93 799
$93 800
–$118 399
4
47
51
11
55
66
12
15
23
35
23
38
7
5
12
49
153
202
$118 400 + Total
Total
Male 32.8 8
7
0
47.8
Female 104.3
29.63
5
0
138.93
Total 137.1
37.63
12
0
186.73
Male Female Total
$0–$57 599 $57 600
– $73 299
FTEs
Short-term Long-term
Ongoing contract
contract
Casual
PERSONS
Short-term Long-term
Ongoing contract
contract
Casual
Total
Male 34
8
7
0
49
Female 116
32
5
0
153
Total 150
40
12
0
202
Legal Services Commission of South Australia Annual Report 2015-16
Staff 2015-16
Executives by gender, classification and status
054
Classification
Ongoing
Male Female
Tenured
Untenured
Male Female Male Female
Other
Male
Male Female
Female
Total
Total % Exec Total % Exec
Executive A
0
0
1
0
3
1
0
0
4
50%
1
13%
5
Executive B
0
0
0
0
0
1
0
0
0
0%
1
13% 1
Executive C
0
0
0
0
0
1
0
0
0
0%
1
13% 1
Executive D
0
0
0
0
1
0
0
0
1
13%
0
0% 1
0
0
1
0
4
3
0
0
5
63%
3
38%
8
Total
Average days leave per full
time equivalent employee
Leave Type
2010-11 2011-12 2012-13 2013-14 2014-15 2015-16
Sick leave
7.97
6.65
6.94 6.91
7.18
5.98
Family carer’s
0.75
leave
0.87
0.71 0.85
0.80
1.02
Miscellaneous 1.05
1.14
0.96
0.77
0.86
0.7
special leave
Aboriginal and/or
Torres Strait Islander employees
Salary bracket
Aboriginal
employees
Number of employees by age
bracket and gender
Total
% Aboriginal
employees employees
Age Bracket
Male
Female
Total
% of Total
$0 - $57 599
0
51
0
15 - 19
0
0
0
0
$57 600 - $73 299
1
66
1.52
20 - 24
0
2
2
0.99
$73 300 - $93 799
0
35
0
25 - 29
9
16
25
12.38
$93 800 - $118 399
2
38
5.26
30 - 34
6
15
21
10.4
$118 400 +
0
12
0
35 - 39
4
19
23
11.39
Total
3
202
1.49%
40 - 44
1
16
17
8.42
45 - 49
4
23
27
13.37
50 - 54
8
25
33
16.34
55 - 59
11
19
30
14.85
60 - 64
4
14
18
8.91
65+
2
4
6
2.97
Total
49
153
202
100
Annual Report 2015-16 Legal Services Commission of South Australia
Staff 2015-16
Cultural and linguistic diversity
Employees
Male Female Total
Number of employees
born overseas
8
34
42
% of
Agency
20.79%
Total number of employees
Voluntary flexible working
with disabilities according to
Commonwealth DDA definition
arrangements by gender
Employees
Number
Male
0
Female
1
Total
1
% of Agency
Leave type
0.5%
Male
Female
Total
Purchased Leave
0
0
0
Flexitime
13
68
81
Compressed weeks
0
1
1
Part-time
4
42
46
Job share
0
0
0
Working from home
0
0
0
Type of disability where specified
Disability
Male
Requiring workplace
adaptation
0
1
1
0.5%
Physical
0
1
1
0.5%
Intellectual
0
0
0
0%
Sensory
0
0
0
0%
Psychological/
Psychiatric
0
0
0
0%
Female
055
Total % Agency
Personal development
review program
% Reviewed
Leadership and management
training expenditure
Training and Development
Training and development
expenditure
Cost
% of Total
Salary Exp
$61 300 0.33%
Leadership and management
development
$12 200
0.007%
Legal Services Commission of South Australia Annual Report 2015-16
Total
Within last 6 months
17.33%
Prior to last 6 months
52.48%
Not reviewed
30.2%
Staff 2015-16
Work Health and Safety Management
Table 1:
Work Health and Safety Prosecutions, Notices and Corrective Action Taken
056
Total
• Number of notifiable incidents pursuant to WHS Act Part 3
Nil
• Number of notices served pursuant to WHS Act ss 90, 191, and 195
(Provisional improvement, improvement and prohibition notices)
Nil
• Number of prosecutions pursuant to WHS Act Part 2 Division 5
Nil
umber of enforceable undertakings pursuant to WHS Act Part 11
• N
Nil
Table 2: Work Health and Safety Performance
2015-16
$m
• New workplace injury Claims 1
• Significant injuries: time lost exceeds one working week Nil
• Significant musculoskeletal injuries: time lost exceeds one working week
Nil
• Significant psychological injuries: time lost exceeds one week.
Nil
• Total Claims Expenditure 0.0
Note: The Commission is not a South Australian Government exempt employer but
has based its Work Health and Safety Program on prescribed WorkCover requirements.
The Commission is self insured for workers compensation claims and rehabilitation
management. It pays an annual premium to an insurance provider from which all
income maintenance, medical and rehabilitation costs are met, excepting the first two
weeks of salary following an injury.
For workers compensation purposes the Commission has been assessed as a low risk
employer and accordingly pays a low workers compensation premium. For 2015-16,
the premium cost was 0.62% of total salary remuneration. This amounted to $135 106
for the 2015-16 financial year.
Annual Report 2015-16 Legal Services Commission of South Australia
Supporting Quality Services 2015-16
Practitioner Panels
In order to provide the best possible representation for clients and the best value for money for
funders, in 2014 the Commission commenced a system of panels of legal practitioners to whom
particular types of legal aid cases could be assigned. The first practitioner panel to be established
was a General Panel, and all practitioners willing to undertake legal aid work have to meet the
requirements for inclusion on this panel.
Practitioner panels now include a Complex Criminal Law Panel, with a murder subpanel, a
Guardianship and Mental Health Representation Panel, an Independent Children’s Lawyer Panel
and a Family Dispute Resolution Chairperson Panel, with these latter two panels established
during 2015-16. Inclusion on these panels requires ongoing compliance with the General Panel
Agreement and practice standards, and compliance with practice standards specific to each
particular panel. Files are audited to ensure compliance.
Training and development
Professional development
The mandatory Continuing Professional Development scheme (CPD) requires legal practitioners
to complete a minimum of 10 units of CPD activity each year to maintain a practising certificate.
The Commission supports staff in accumulating these points, with the Access Services Division, the
Family Law Practice Division and the Criminal Law Practice Division all organising internal training
sessions for members of staff. During 2015-16 presenters included senior criminal law and family
law practitioners and members of the judiciary.
Legal practitioners also regularly attend external continuing legal education seminars and
workshops and are regularly called on to present papers or participate as panellists in a range of
legal forums.
Law graduates
Law graduates who have completed their degree, but do not yet have practising certificates, are
eligible to participate in a six week block of work experience at the Commission. Four blocks of six
weeks occurred in the 2015-16 financial year.
Legal Services Commission of South Australia Annual Report 2015-16
057
Supporting Quality Services 2015-16
Support services
Information and communication services
The Commission maintains and develops information technology systems to meet client and
organisational needs.
This year saw–
058
•the migration of all Windows XP computers to a mix of Windows 7 and Windows 8.1,
dependent on hardware specification;
•all duty lawyers and regional solicitors equipped with Windows tablets to enable access to
Commission systems while at court or other sites, with a view to additional tablets being
deployed in 2016-17;
•the digital dictation system upgraded to a cloud based solution, enabling solicitors to dictate
and submit recordings for typing while out of the office through smartphones and tablets;
•improvements to business processes, achieved through improved system capability and
utilisation;
• the regular use of electronic means to communicate with panel practitioners;
• the Law Office grants management system upgraded;
• Law Office reporting capabilities enhanced.
Records management
The Commission is required to comply with the State Records Act 1997 which mandates the care,
management and disposal of official records. Focus on achieving 100% compliance has continued
during 2015-16, with–
• training for users in managing records;
• development of a new records disposal strategy;
•continued implementation of the five year records management strategy developed in 2012-13;
• tendering for a compliant electronic document records management system.
Library
The Commission library is widely regarded as one of the most comprehensive law libraries in South
Australia. The proliferation of new legislation requires in-house legal practitioners to be regularly
updated about legislative and case law changes. Commission library programs and updates,
specifically designed to keep practitioners informed of legal developments as they occur, are
available to all staff. The Law Librarian provides research assistance to in-house staff and to legal
practitioners acting on a grant of legal aid.
Annual Report 2015-16 Legal Services Commission of South Australia
Involvement with Stakeholders and
the Community 2015-16
Legislative and policy reform
Through the Commission’s unique and extensive experience in criminal, family and civil law
matters, it is able to assist its stakeholders and the community in developing policy and law reform
relevant to justice issues. Commission staff frequently participate in justice projects, stakeholder
forums and working groups, committees and liaison meetings where proposed legislative and
policy reforms are discussed and debated.
Submissions
During 2015-16 Commission staff responded to many requests for comment in relation to issues
affecting clients. Inter alia, these submissions included the following issues:
• the intersection of State and Federal law in family law matters;
• the operation and impact of the increased monetary limit for minor civil matters;
• domestic violence;
• power of attorney amendments;
• youth justice matters;
• services for child victims of crime;
• court sitting hours;
• the impact of intervention order legislation;
• the Disability Justice Plan.
In addition, Commission staff expertise was sought by the State Attorney-General’s Department
in the development of the Department’s criminal justice sector reforms, and in two Royal
Commissions, as discussed below.
State Attorney-General’s Department criminal justice sector reforms
Commission staff played an active role in presenting views and submissions in relation to the
Attorney General’s criminal justice sector reform proposals and attendant legislative changes.
In particular, staff were involved in the following two projects:
Vulnerable Witnesses—Advice was provided concerning the implementation of the Statutes
Amendment (Vulnerable Witnesses) Act 2015 and the establishment of the associated
communication partner scheme. This scheme is designed to assist vulnerable witnesses (including
vulnerable defendants) with complex communication needs. Members of staff participated in Law
Society seminars concerning the legislation and participated in Disability Justice Plan symposiums
sponsored by the Attorney-General’s Department.
Legal Services Commission of South Australia Annual Report 2015-16
059
Involvement with Stakeholders in the Community 2015-16
Major Indictable Early Resolution Court Project—The Commission participated in the Major
Indictable Early Resolution Court Project which had as its objective the identification of major
indictable cases that could be resolved within four weeks of an individual being charged with
a major indictable offence. The Project involved early disclosure of prosecution documentation
to defence followed by speedy negotiations between prosecution and defence. The Commission
provided two practitioners for this project who represented approximately half of the defendants
identified as being charged with major indictable offences capable of early resolution.
060
Other notable justice sector reform projects engaged in by senior staff included the Country
Committal Court initiative, the SAPOL E Brief Project (concerned with the development of digital
briefs of evidence) and the Cross Agency Liaison Committee which monitors professional access to
clients in prisons.
Royal Commissions
In 2015-16 Commission staff assisted with two Royal Commissions. In September 2015 evidence
was given to the Child Protection Systems Royal Commission outlining the experience of staff in
relation to young people in care and the criminal justice system.
In February 2016 staff participated in a public defender round table discussion convened by the
Royal Commission into Institutional Responses to Child Sexual Abuse. Royal Commissioners invited
delegates to provide information and assessments about the operation of state and territory laws
involving child sexual abuse offences and how they might be improved.
Community involvement
The Commission participates in the broader community through the provision of legal education
sessions to the public and community workers. The Commission also shares its knowledge and
expertise with organisations involved in the provision of legal services. Examples of this include
involvement with–
• committees of the Law Society;
• the Sentencing Advisory Panel;
• summary court user groups;
•the South Australian Family Law Pathways Network, which consists of representatives
of all the major organisations in South Australia involved in the family law area;
• community legal centres;
•JusticeNet;
Annual Report 2015-16 Legal Services Commission of South Australia
Involvement with Stakeholders in the Community 2015-16
• Refugee Advocacy Service of South Australia;
• the Women’s Information Service;
• SAPOL;
• Families SA;
• the Criminal Justice Sector Reform Council.
Seeking stakeholder and community views
In developing policy the Commission consults regularly with the public, the State and
Commonwealth governments, the courts, representative bodies of the legal profession, the Office
of the Director of Public Prosecutions, the South Australian Police, the Department of Corrections,
community legal centres and other community organisations.
Legal Services Commission of South Australia Annual Report 2015-16
061
Partnerships 2015-16
The Commission is committed to providing legal services collaboratively with other
organisations involved in the delivery of legal assistance services.
National Legal Aid
062
The Director of the Commission chaired National Legal Aid, the representative body for all legal
aid commissions around Australia and New Zealand, from March 2015 to March 2016. This role
provided an overall view of the Australian legal assistance sector, and the likely demands on
local and national resources. In addition, various staff members contributed to working groups
established by National Legal Aid, including the Family Law Working Group, the Grants and
National Statistics Working Group and the Data Collection Working Group.
Australian Legal Assistance Forum
The Australian Legal Assistance Forum comprises National Legal Aid, the Law Council of Australia,
Aboriginal and Torres Strait Islander Legal Services, the National Association of Community
Legal Centres and National Family Violence Prevention Legal Services. This Forum provides an
opportunity for discussion and collaboration in relation to national legal assistance issues.
South Australian Legal Assistance Forum
Members of the South Australian Legal Assistance Forum include the Commission, community
legal centres, aboriginal legal services, the Law Society, university law school advice clinics,
JusticeNet, and State and Commonwealth government representatives. Meetings are hosted by
the Commission, with the Director of the Commission chairing the Forum. The Forum considers
opportunities for improved coordination and targeting of services between legal assistance
providers in South Australia, as well as the linking of legal services with other service providers.
Private Practitioners
The Commission and the South Australian community are well served by the generous cooperation of private legal practitioners in the delivery of legal aid services. The Commission
acknowledges that its fee scales are considerably lower than published court scales or
commercially negotiated fees.
In the 2015-16 financial year private practitioners received $17.8 million. They performed 67.7%
of legal aid grants in criminal law matters, 65.5% of legal aid grants in family law matters and
78.9% of legal aid grants in civil law matters. Private practitioners also assist in delivering duty
lawyer services at a number of courts across South Australia.
Annual Report 2015-16 Legal Services Commission of South Australia
Reporting Responsibilities 2015-16
Complaints
The Commission takes complaints from members of the public, employing a full time Client
Relations Coordinator, who resolves every complaint as equitably and efficiently as possible.
This financial year, 661 enquiries were received, as compared to 711 last financial year. The majority
of matters were in relation to decisions to refuse legal aid funding and enquiries relating to
entitlement to legal aid and the assessment of that entitlement.
063
72 complaints were made in relation to Commission services, equating to 0.06% of the 127 684
services provided. These complaints were mostly resolved by providing a fuller explanation of
processes and procedures.
28 complaints were made in relation to private practitioners, equating to 0.25% of the 11 110
services provided. This was an increase from 5 in the 2014-15 financial year. These complaints were
mostly resolved by clarifying the role of the private practitioner acting on a grant of legal aid and
informing the complainant of their ability to report unsatisfactory service provision to the Legal
Profession Conduct Commissioner.
Ci
Ge
To
t
%
Co of a
nt ll
ac
ts
0
2
132
53
2
0
192
29.05
1
0
1
150
44
2
0
198
29.95
0
0
0
5
0
0
0
5
0.76
0
6
3
23
28
8
4
72
10.89
0
0
0
18
14
0
0
32
4.84
Private practitioner
service
0
0
0
16
9
3
0
28
4.24
Discrimination
0
0
0
0
0
0
0
0
0.00
Conditions of aid
3
2
0
10
5
5
0
25
3.78
Cap
0
0
0
7
0
0
0
7
1.06
Complaint to MP,
Ombudsman etc
0
1
0
8
5
1
0
15
2.27
Other
3
0
3
12
39
10
20
87
13.16
Total
10
9
9
381
197
31
24
661
100%
Refusal of aid
Entitlement to
legal aid
Child
representation
Commission
service
Statutory charge
(other than statutory charge)
ra
l
ne
vil
im
in
ily
t
Ch
i
Su ld
pp
or
Legal Services Commission of South Australia Annual Report 2015-16
al
Cr
3
Reason for
contact
al
Fa
m
Pr
o
Ap tect
pl ion
ica
tio
n
FD
R
Client Relations Contacts 1 July 2015- 30 June 2016
Reporting Responsibilities 2015-16
Freedom of Information
Section 9 of the Freedom of Information Act 1991 requires the Commission to publish an annual
information statement containing the following information:
• A description of the structure and function of the agency
064
This information can be found in this report in the sections headed About the Legal Services
Commission and Commission Corporate Services.
• How the functions affect members of the public
The Commission provides legal representation to applicants who meet the Commission’s means,
merits and guidelines test. Additionally, Commission staff provide free legal information,
advice and minor assistance and a free duty lawyer service to all members of the public. Free
publications on legal issues, an online Law Handbook and various community legal education
programs are also available. Commission staff regularly provide input into legislative changes
and government reviews.
•Arrangements enabling members of the public to participate in the formulation of policy
and exercise of functions
Members of the public are invited to participate in the formulation of policy and the delivery
of functions by completing a Feedback Form available at http://www.lsc.sa.gov.au/cb_pages/
feedback.php.
Commission staff are members of various community organisations, both legal and non-legal. This community engagement promotes two way communication and feedback.
• Documents usually held by the Commission
The Commission has a computerised records management system and database that records
details of accounts, clients, legal aid cases, legal aid files, legal advice and duty lawyer
attendances. Hard copy files are maintained for each grant of aid and the location of these files
is recorded in the computerised records management system. Management and administrative
files are also maintained, with their location recorded on a manual system.
• Access to documents
The Commission’s Freedom of Information Officer administers the Freedom of Information Act
1991 (FOI Act) and facilitates, subject to exemptions and exceptions, access to documents and
amendments to personal information held by the Commission. Arrangements can be made
to inspect or purchase documents available under the FOI Act at 159 Gawler Place, Adelaide
between 9.00 am and 5.00 pm on working days. Copies may be purchased for 50 cents per
page, which may be waived in appropriate cases.
Annual Report 2015-16 Legal Services Commission of South Australia
Reporting Responsibilities 2015-16
By prior arrangement with the Freedom of Information Officer, these documents may also be
inspected and copies purchased at any of the Commission’s offices.
In the 2015-16 financial year, two applications for information were received under the FOI Act.
Full release of the requested material was provided for one application. The other application was
received towards the end of June 2016 and was not determined by the end of this financial year.
One contract containing approved confidentiality clauses was executed this year and one FOI
consultation was received.
Energy efficiency
As part of the Government’s commitment to energy efficiency, Government agencies are required
to undertake measures to reduce the output of greenhouse gases. In particular, energy use in
Government buildings was to be cut by 15% from 2000-01 to 2009-10 (as an interim target),
a further 10% by 30 June 2014 and a further 5% by 30 June 2020 (T61: Energy efficiency government buildings).
The Commission decreased its recorded energy consumption from 1 069 Gj in the 2014-15
financial year to 902 Gj in the 2015-16 financial year, a reduction of 167 Gj (or 15.6%). This brings
the Commission’s energy consumption 579 Gj below the reduction target for 2016 of 1 481 Gj, and
368 Gj below the reduction target for 2020.
Legal Services Commission
Energy Use
(Gj)
Expenditure
Greenhouse Gas
Emissions (Tonnes CO2)
2000-01
2 116
$85 795
652
2010-11
1 818 $119 849 424
2011-12
1 833 $148 453 428
2012-13
2 046 $175 564 478
2013-14
1 338 $127 181 312
25% reduction
Target 2014
1 587
489
2014-15
1 069
$106 475
249
2015-16
902
$84 560
210
Target 2016
1 481
457
Target 2020
1 270
391
Legal Services Commission of South Australia Annual Report 2015-16
065
Reporting Responsibilities 2015-16
Whistleblowers Protection Act 1993
No disclosures of public interest information were made under the Whistleblowers Protection Act 1993
during the financial year.
Contractual arrangements
066
The Commission publishes contract details in accordance with the government’s Contract
Disclosure Policy. The information is available through the SA Tenders and Contracts website—
https://www.tenders.sa.gov.au.
Fraud
No instances of fraud were recorded for the 2015-16 financial year.
Consultants
Value
Consultant
Purpose
Number
Total
Below $10 000
—
—
—
—
Above $10 000
Experience
Matters
Information Technology
1
$13 000
1
$13 000
Total
Annual Report 2015-16 Legal Services Commission of South Australia
Commission
Finances
067
Legal Services Commission of South Australia Annual Report 2015-16
Finance 2015-16
Income
The Commission is primarily funded by the State and Commonwealth governments.
In 2015-16 the State Government provided funding of $21.42 million, an increase from $17.75
million in 2014-15. The State Government also provided $60 000 in reimbursements under the
Expensive Criminal Cases Funding Agreement. State Government funding is largely used for
matters involving State criminal law and child protection applications.
068
The Commonwealth Government, through the National Partnership Agreement on Legal Assistance
Services (the NPA) provided funding of $15.7 million, a decrease from $16.19 million in 2014-15.
In addition, the Commonwealth provided $44 000 in reimbursement for expensive criminal cases.
Commonwealth funding is mostly used for family law matters, although it may be used to fund any
matter under Commonwealth law.
The Commission received a further $2.9 million from the Law Society pursuant to sections 56 and
57A of the Legal Practitioners Act 1981. This income is used for State law related matters.
The Commission generated income from investments, client contributions, cost recovery, education
courses and the sale of legal kits. The Commission also actively pursues other funding, including
State and Commonwealth Government funding, where the projects to be delivered provide a
service to the community and are related to, and enhance, services prescribed in the Legal Services
Commission Act 1977.
Expenditure
Total operating expenditure for 2015-16 was $43.8 million, down from $44.2 million in 2014-15.
Private legal practitioner payments totaled $17.8 million, down from $18.5 million in 2014-15.
The Commission completed the 2015-16 financial year with a consolidated comprehensive result
of $650 000 deficit.
Annual Report 2015-16 Legal Services Commission of South Australia
Finance 2015-16
Table 1
Income and expenditure—Commonwealth
and State by output allocation
as at 30 June 2016
16
5-
l
1
20 ota
T
Income
Statutory Interest
1 029 300
–
1 029 300
Interest on Solicitor’s Trust Account
1 927 700
–
1 927 700
Interest on Investments
425 300
275 900
149 400
Costs Recovered and Contributions
357 400
109 800
247 600
Government Grants–Commonwealth 15 728 500
15 728 500
Government Grants–State
21 422 600
Statutory Charges
Expenses
16 lth
5- ea
6
1
-1
20 onw
15 te
m
0
2 ta
m
S
Co
–
–
21 422 600
692 000
390 100
301 900
Commonwealth Expensive Criminal Cases 44 500
44 500
–
State Expensive Criminal Cases 59 600
–
59 600
Other Income
1 499 900
738 100
761 800
Total Income 43 186 800
17 286 900
25 899 900
Assignments
3 057 900
1 011 800
2 046 100
10 635 700
164 100
10 471 600
5 316 400
4 409 600
906 800
941 800
941 800
Civil Law Services
12 900
9 800
Civil Law–Veteran’s Matters
19 500
19 500
Criminal Law Services
6 566 200
103 100
6 463 100
Criminal Law Duty Lawyer Services
1 419 400
7 400
1 412 000
Family Law Services
3 715 000
3 715 000
–
309 300
309 300
–
Private Practitioner Representation
Criminal Law Services
Family Law Services
Family Dispute Resolution
–
3 100
–
In-House Representation
Family Law Duty Solicitor Services
Family Law Dispute Resolution
872 100
872 100
–
Civil Law Services
429 000
322 000
107 000
1 181 500
1 181 500
–
Telephone & Face to Face Advice
6 592 300
3 655 700
2 936 600
Community Education Services
1 218 600
609 300
609 300
Strategic Services
1 489 000
744 500
744 500
Child Support Services
State Expensive Criminal Cases
Total Expenses Net Result
Legal Services Commission of South Australia Annual Report 2015-16
60 000
– 60 000
43 836 600
18 076 500
25 760 100
– 649 800
– 789 600
139 800
069
Finance 2015-16
Commonwealth Government funding as at 30 June 2016
Financial Year
Annual Funds
2011-12
2012-13
2013-14
2014-15
2015-16
$’000
$’000
$’000
$’000
$’000
15 434 15 695 15 893 16 194
15 699
070
State Government funding as at 30 June 2016
Financial Year
Annual Funds
2011-12
2012-13
2013-14
2014-15
2015-16
$’000
$’000
$’000
$’000
$’000
18 903 19 454 20 282 17 750
21 423
Annual Report 2015-16 Legal Services Commission of South Australia
Auditor-General’s Letter 2016
071
Legal Services Commission of South Australia Annual Report 2015-16
Auditor-General’s Letter 2016
072
Annual Report 2015-16 Legal Services Commission of South Australia
Independent Auditor’s Report 2016
073
Legal Services Commission of South Australia Annual Report 2015-16
Independent Auditor’s Report 2016
074
Annual Report 2015-16 Legal Services Commission of South Australia
Statement of Comprehensive Income 30 June 2016
075
Legal Services Commission of South Australia Annual Report 2015-16
Statement of Financial Position 30 June 2016
076
Annual Report 2015-16 Legal Services Commission of South Australia
Statement of Changes in Equity 30 June 2016
077
Legal Services Commission of South Australia Annual Report 2015-16
Statement of Cash Flows 30 June 2016
078
Annual Report 2015-16 Legal Services Commission of South Australia
Note Index 30 June 2016
079
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
080
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
081
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
082
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
083
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
084
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
085
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
086
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
087
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
088
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
089
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
090
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
091
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
092
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
093
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
094
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
095
Legal Services Commission of South Australia Annual Report 2015-16
Notes to and Forming Part of the Financial Statements 30 June 2016
096
Annual Report 2015-16 Legal Services Commission of South Australia
Notes to and Forming Part of the Financial Statements 30 June 2016
097
Legal Services Commission of South Australia Annual Report 2015-16
Certification of the Financial Report 30 June 2016
098
Annual Report 2015-16 Legal Services Commission of South Australia
Appendices
99
Legal Services Commission of South Australia Annual Report 2015-16
Appendix 1
Commission Corporate Plan 2015-18
The Commission Corporate Plan 2015-18 comprises four sections under the headings
of clients, people, stakeholders and resources. Key performance indicators have been
developed for each section as set out below.
CLIENTS—Key Performance Indicators
•5Develop and launch Law Chat for online legal information
100
•5Upgrade and enhance the Commission’s website
•5Demonstrate satisfaction with services through survey results
•5Email only correspondence with the private profession in place by 2018
Achievements 2015-16
•5 Legal Chat commenced in September 2015, with over 3 000 chats recorded
as at 30 June 2016.
•5 The Commission’s public website is being redeveloped to provide a modern, more usable
interface. The design phase has been completed and the new site is currently being built.
•5 As a requirement of the National Partnership Agreement, the Commission will be
conducting a client survey in the next financial year.
•5 The Commission has replaced cheque payments to legal practitioners with EFT
payments.
•5 Email correspondence with the legal profession has commenced.
PEOPLE—Key Performance Indicators
•5Investigate the benefits of exit interviews
•5Develop a staff succession policy
•5Ensure compliance with the Commission’s professional development policy
Achievements 2015-16
• A review of all employment processes is being undertaken.
• The current attraction and retention policy is being assessed and updated.
• The professional development policy is to be reviewed in 2016-17.
Annual Report 2015-16 Legal Services Commission of South Australia
Appendix 1
Commission Corporate Plan 2015-18
STAKEHOLDERS—Key Performance Indicators
•5Develop reporting templates that capture data and information to demonstrate the
value and quality of legal aid services provided by the Commission
•5Meet all benchmarks under the National Partnership Agreement on Legal Assistance
Services 2015
•5Respond to the Attorney-General’s Transforming Criminal Justice Strategy
•5Deliver successful Commission Conferences in 2016 and 2018
Achievements 2015-16
•5 N
ew management reporting templates, focussing on key facts and outcomes, have been
introduced.
•5 T
he first report under the new National Partnership Agreement for Legal Assistance Services
2015 has been lodged.
he Commission has continued to provide detailed responses to discussion papers on a
•5 T
variety of topics under the Transforming Criminal Justice Strategy.
•5 T
he 2016 Commission Conference has attracted a range of dynamic speakers
and will be held on 23 September 2016.
RESOURCES—Key Performance Indicators
•5Review of the ICT plan by 2018
•5Practice management tools in place by 2018
•5Redevelop the Commission’s intranet site
•5Equip staff working across more than one service delivery point with remote access
portable communication devices
Achievements 2015-16
•5 T
he Commission developed a Digital Strategy. The review of the ICT plan will commence in
the next financial year.
•5 The Commission’s intranet site is in the process of being redeveloped.
•5 C
riminal law solicitors working in regional offices and all criminal law duty solicitors have
been issued with Windows tablet devices enabling access to Commission systems from
remote locations using either 4G or Wi-Fi connectivity.
Legal Services Commission of South Australia Annual Report 2015-16
101
Appendix 2
Expensive Criminal Cases Funding Agreement
102
Annual Report 2015-16 Legal Services Commission of South Australia
Appendix 2
Expensive Criminal Cases Funding Agreement
103
Legal Services Commission of South Australia Annual Report 2015-16
Appendix 2
Expensive Criminal Cases Funding Agreement
104
Annual Report 2015-16 Legal Services Commission of South Australia
Appendix 2
Expensive Criminal Cases Funding Agreement
105
Legal Services Commission of South Australia Annual Report 2015-16
Appendix 2
Expensive Criminal Cases Funding Agreement
106
Annual Report 2015-16 Legal Services Commission of South Australia
Appendix 2
Expensive Criminal Cases Funding Agreement
107
Legal Services Commission of South Australia Annual Report 2015-16
Appendix 2
Expensive Criminal Cases Funding Agreement
108
Annual Report 2015-16 Legal Services Commission of South Australia
Appendix 3
Statutory Charge Report as at 30 June 2016
1. Summary
Year
Amount Amount Admin
Secured
GST
Recovered
Interest Levied
Fee
(GST excl)*
**
***
1992-93
168 244
NilNilNil
—
Nil
1993-94
439 991
Nil
73 785
487 (Due 1/7/93)
Nil
1994-95
594 046
Nil
197 504
2 551
(Due 1/7/94) Nil
1995-96
503 993
Nil
227 045
14 994
(Due 1/7/95)
Nil
1996-97
556 046
Nil
261 888
28 660
(Due 1/7/96)
Nil
1997-98
456 176
Nil
243 789
72
(Due 1/7/96)
Nil
1998-99
263 880
Nil
250 210
Nil
2 750
1999-00
360 977
Nil
253 335
Nil
23 420
2000-01
629 306
36 135
297 450
Nil
67 530
2001-02
688 879
67 059
609 803
Nil
75 250
2002-03
720 747
67 030
569 448
Nil
55 500
2003-04
1 046 674
101 604
885 825
Nil
51 700
2004-05
948 859
92 551
590 485
Nil
63 710
2005-06
758 695
71 762
726 033
Nil
48 970
2006-07
732 171 71 989
793 987
Nil
44 950
2007-08
1 002 285
96 587
764 477
Nil
56 100
2008-09
926 844
90 129
566 399
Nil
46 500
2009-10
938 593
91 889
593 891
Nil
41 660
2010-11
981 065
94 702
644 975
Nil
46 450
2011-12
915 429
88 175
591 926
Nil
35 400
2012-13
845 397
82 330
473 782
Nil
42 330
2013-14
915 550
87 769
643 367
Nil
40 800
2014-15
813 812
80 647
494 284
Nil
44 400
2015-16
692 040
68 144
750 990
Nil
45 520
TOTAL $
16 899 699 1 288 497 11 505 498 *Total amount
secured during each
financial year
Legal Services Commission of South Australia Annual Report 2015-16
46 609
**Interest was levied
between 1 July 1992
and 30 June 1996
873 740
***An administration
fee has been charged
since 1 October 1998.
It is currently set
at $300.
109
Appendix 3
Statutory Charge Report as at 30 June 2016
2. Cost secured analysis
Under the Legal Services Commission Act 1977, an application for legal assistance may be
granted subject to the condition that legal assistance costs payable to the Commission are
secured by a charge on land.
As at 30 June 2016 the Commission had secured $16 899 699 (GST exclusive) through
4147 charges on land. Of these 4147 charges, 974 (securing $6 094 724 (GST exclusive)),
are outstanding. An average of $6 257 is secured by each charge.
110
Of the 974 charges outstanding, 866 secure funds for legal proceedings that have finalised
or are no longer funded by the Commission. Costs for ongoing matters are secured by 108
charges. The costs secured by these charges will increase.
During the 2015-16 financial year 152 charges were taken, an increase from 148 in 2014-15.
Of these 152 charges–
• 57 were for criminal law matters;
• 94 were for family law matters;
• 1 was for a civil law matter;
• 96 were for proceedings under Commonwealth law;
• 56 were for proceedings under State law.
3. Money recovered analysis
Of the 4147 charges taken by the Commission, 3080 have been removed. The Commission
has received $11 505 498 in payments from these charges.
During the reporting period 176 charges were removed (an increase from 98 in the
previous financial year), with the Commission recovering $750 990. The largest individual
charges were for $23 003, $22 800, $18 165 and $17 845.
This year the Commission offered clients who had an outstanding statutory charge and a
matter that had finalised at 30 June 2015, a discount of 20% if the debt were paid within
six months of the date of the letter advising of the offer.
The Commission recovered $463 837 from payments where the client received the 20%
discount. The amount of the repayment that has been excused due to the 20% discount is
$115 096 (GST inc). The GST proportion is $9 011.
Annual Report 2015-16 Legal Services Commission of South Australia
Appendix 3
Statutory Charge Report as at 30 June 2016
The total sum recovered by statutory charge in the 2015-16 financial year was $750 990, an
increase from $494 284 in the previous financial year. This increase is as a consequence of the
voluntary payments received this year, with four times the number received than in each of the
previous three years (see chart below).
If the average number of voluntary payments a year is 22, the incentive produced 76 additional
payments, resulting in approximately $250 000 that would otherwise have been received at an
indeterminate time in the future.
Financial
year
Number of
voluntary payments
2015-16 98
2014-15
26
2013-14
17
2012-13
23
During the reporting period the Commission incurred bad debts due to non recovery of
charges of $157 452 (GST exclusive). Of this amount, $63 472 was not recovered due to a
shortfall of sale proceeds following a sale by mortgagee, $55 573 was not recovered due to a
shortfall of sale proceeds following a sale by the council due to default of payment of council
rates and $19 583 was not recovered following the sale of the real estate. There were 10 sales
by mortgagees, including one charge securing $21 561. This number includes any sale that
occurred in a previous financial year but which the Commission only became aware of in the
2015-16 financial year (see tables below).
A charge contribution is reduced by–
• $300 if paid within six months;
• $150 if paid within two years; and
• $100 if paid within four years.
Legal Services Commission of South Australia Annual Report 2015-16
111
Appendix 3
Statutory Charge Report as at 30 June 2016
Reason for removal of charge
Reason Charge Removed
112
Number of charges
2014-152015-16
* The Commission is not always aware that
Paid—sale
3032
Paid—financed
1514
Paid—voluntary
2699
*Property settlement
6
8
** This includes mortgagee sales that occurred
Finalised
01
was aware of the sale in this financial year.
Part payment—balance cancelled
2
1
Deceased estate
2
5
Substitute
41
Waived—sale, shortfall
1
Survivorship
00
Recovered—other
33
Waived on appeal
0
0
Waived—no equity
1
1
Waived
00
Paid—mortgagee sale
0
2
**Waived—mortgagee sale, shortfall
6
6
**Waived—mortgagee sale
0
0
Correction
10
Withdrawn not registered
1
money has been received as a result of a
property settlement and so some property
settlements may be recorded as Paid–sale or
Paid–financed.
in this financial year where the Commission
Sometimes, the Commission may not become
aware of the sale during the financial year in
which it occurred. These sales are not included
in this table.
See table below for mortgagee sale by date of sale.
1
0
Annual Report 2015-16 Legal Services Commission of South Australia
Appendix 3
Statutory Charge Report as at 30 June 2016
Charges extinguished by mortgagee sale by date of sale
Number of charges waived
Financial Year—mortgagee sale/shortfall*
Number of charges paid
—mortgagee sale*
2006-07
3
0
2007-08
2
0
2008-09
1
0
2009-10
3
7
2010-11
0
1
2011-12
11
3
2012-13
17
1
2013-14
13
1
2014-15
7
0
2015-16
6
2
* The number of charges in this table for each financial year may change,
depending on when the Commission becomes aware of the sale.
Legal Services Commission of South Australia Annual Report 2015-16
113
114
Annual Report 2015-16 Legal Services Commission of South Australia
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