Liberal Party response to Law Society of South Australia State Election Priorities 2018

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1 11 January 2018 Liberal Party response to Law Society of South Australia State Election Priorities 2018 Over the last 15 years of a State Labor Government: a) A new higher courts precinct has been announced and cancelled three times. Currently an upgrade of existing courts is underway; b) Court delays continue to affect efficient access to justice and result in increased costs for taxpayers; c) Funding cuts to Community Legal Centres state-wide have been completely inconsiderate to our most vulnerable; d) Law reform has essentially involved criminal law sentencing, with an increased penalty for nearly everything; e) A new SACAT has been established, but according to a recent review SACAT clearly has a capacity problem; f) The Attorney-General has become a Senior Counsel. The Law Society's advice to the Parliament has been greatly valued to ensure that good laws are passed and current laws remain contemporary. Regrettably, the Opposition is refused access to considerable data and reports prepared by Government. We often are left to rely on outdated annual reports, with Freedom of Information applications being the only way to source restricted documents. Thus many of the specific proposals presented by stakeholders do not have their costs identified, or available at all. Despite this, I respond on behalf of the Liberal Party as follows. I am happy to receive any other proposals from the Law Society, and members of the profession, and look forward to making further announcements over the coming months. Thank you for the careful consideration of these important issues by the Law Society, and the many volunteers who work on various committees within the Society. Deputy Liberal Leader Shadow Attorney-General

2 NEW COURTS BUILDING During time in Opposition I have investigated superior court buildings in Australia and overseas - most recently in Christchurch, New Zealand. Clearly South Australia's Supreme Court buildings are derelict and in some cases dangerous. I expect the Government's current $31 million refit in the Supreme Court buildings will be suitable for up to 10 years. Much of this will be spent on buildings leased by Government. So far the Government have refused to provide any of the planning documents or documents prepared for tender of the options previously announced and cancelled for a new court building. My commitment is to review this material if elected in March as a first priority. Subject to a review of the structure of higher courts in SA, I will advance options for consideration to a new Liberal State Cabinet. What I will not do is commission more sketches, make an announcement and then cancel it multiple times. COURT FUNDING Uniquely, the CAA is led by the Chief Justice of the Supreme Court in SA. Whilst this has provided the Government with a "that's a matter for them" defence to inadequate services, the funding package is determined by the State Government. Rather than establish an "independent authority" to determine the formula for funding, may I suggest this remain within the purview of the Chief Justice, but he may need access to a consultant to investigate this. Improving local court services in regional areas must be considered, and I undertake to do so. A tiered filing fee system has been introduced for civil claims. As this follows other jurisdictions it is unlikely to change. The level of probate fees and court fees would be considered as part of the budget process. My understanding is that filing fee and transcript costs are waived for those receiving legal aid, and I would need to see ALRM data if this has not been made available to Aboriginal clients. Although our former Chief Justice suffered the indignity of not being able to access his courts when using a wheelchair, making improvements to the Supreme Court Building prior to a comprehensive rebuild may not be the best use of funds for public and professional disability access. I would prefer to ask SafeWork SA to prioritise areas necessary to comply with occupational health and safety standards. Any rebuild will require disability standards to be adhered to. ACCESS TO JUSTICE It is disappointing that whilst the Federal Government reconsidered its commitment to Community Legal Centre funding, that the same has not been followed by the State Government. In 2017 the Liberal Party committed to reinstate services at the Riverland Community Legal Centre, which was a direct recommendation from the Federal Attorney-General when reconsidering their funding arrangement. This centre has been merged under the Labor Government, with the Southern Community Legal Centre,

3 despite the need for local services in the Riverland. JusticeNet has provided valuable service to the community and I will review its funding formula with other agencies if elected. I am aware of the paucity of mental health professionals, particularly in providing mental health reports. I am concerned to hear the Adelaide Remand Centre infirmary is restricting access to professionals to undertake their work. Facilitating electronic access to defendants and prisoners by their professional advisers is being investigated. It usefully applies in Victoria and it is important to use technology where possible. FAIRER COMPENSATION The Return To Work Act and Scheme is being reviewed by former Judge John Mansfield who is scheduled to report in April2018. The recommendations of this report and those of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation will be considered by any Liberal Government. The operation of the new CTP reform arrangements will be reviewed by any Liberal Government. The Victims of Crime fund continues to accumulate and we have indicated our support to applying these monies to assist with domestic violence, drug addiction and victims generally. A priority will be to establish the Justice Rehabilitation Fund, which was promised two years ago by the State Government, under confiscation of assets legislation. CHILD PROTECTION AND YOUTH JUSTICE The Government has identified select child protection reforms post the Nyland Royal Commission, but even held up the powers for a new Commissioner for Children for over a year after the laws passed. The Liberals have committed to the appointment of an Assistant Aboriginal Children's Commissioner. The Government have not. Further, we have announced a youth drug treatment law reform policy, which the Government continue to oppose. Funds are available in the Victims of Crime Fund to support extra compensation payments for victims of institutional child sexual abuse. Shortly after the Nyland report was tabled I introduced vital legislation to remove any time limit to CSA. The Government refused to support this legislation however I commit to pursue the same if elected. ABORIGINAL JUSTICE The incarceration of the Indigenous community continues to be a national scandal. Programs that work should be extended and I commit to review these if elected. Many in the legal community, such as Marie Shaw QC, have pioneered and presented successful programs such as Ice Factor. Work is being undertaken to consider new approaches to youth training, particularly those incarcerated. The lack of interpreters, particularly for Aboriginal people is concerning, and the Liberals undertake to investigate the best options to increase this service if elected.

4 BUILDING BUSINESS There is no doubt the legal profession, both in public agencies and private practice are suffering financially given the economic downtown of business activity in this State. Large firms have slashed employees and tragically hundreds of graduating law students are leaving the state to pursue careers elsewhere. The Liberal Party is committed to business growth in SA, through policies like reducing red tape and driving state investment, whilst promoting opportunities for small business globally. An audit of all legislation and regulation impacting on businesses would be part of this policy. PROTECTION OF ESSENTIAL STATE SERVICES The Government's decision to sell the Land Titles Office and valuation and mapping services, without Parliamentary scrutiny, or any at all, has been widely criticised by the public and Opposition. The contract has still been kept a secret, and settlement concluded. Reform of the Fines Enforcement and Recovery Unit, including Government civil debt recovery, has raised concern about the privatisation of these services. Already much of this work is outsourced to major debt collectors. The Liberal Party continued to question the Government and Treasurer in Parliament on any possible sale, or the investigation into a sale or privatisation of FERU, given their recent track record of privatising state services. SMARTER CRIMINAL POLICIES Criminal organisation and terrorist law reform invariably challenges freedoms otherwise enjoyed by our citizens. We have supported much of this legislation, however substantially amended and rejected others. Particularly the right to remain silent, ensuring appeal processes and opposing unrestricted police searches. A charter of rights may have some merit, but I note the Bill of Rights applying in Victoria has been most commonly used by bikie gang_ members. PRISONS It is hardly surprising that we have high recidivism by prisoners in our adult facilities and youth training centres. Parole Board Chair, Frances Nelson QC, has repeatedly complained of the lack of adequate or merely accessible rehabilitation programs. Clearly this must change, with services offered broadly over all prison facilities to the prisoners who need the services most. The Opposition have announced policies to curb drug and mobile phone use in prisons, and around prisoner voting. To date we have not received any claims of prisoner abuse under the reforms to the Correctional Services Act, but it is clear these were made to accommodate overcrowded prisons. We are currently considering a better prison program, including external work and education.

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