Hon Simon Power
Minister of Justice

10 December 2009
   Media Statement
 

Law to ease financial pressure on victims passed

A law designed to ease the financial pressure on victims of crime who receive legal aid to attend coronial inquests and parole hearings was passed by Parliament today.

The Legal Services Amendment Act amends the Legal Services Act 2000.

Justice Minister Simon Power said the Act ensures that victims of crime involved in coronial inquests and parole hearings will not be subject to financial eligibility tests or need to repay legal aid grants when they need to be represented by a lawyer.

"This Government realises that the needs of victims are of crucial importance.

"It's unacceptable that victims of crime, in the rare cases where they need legal representation at coronial inquests and parole hearings, should have to deal with the stress of the possibility of repayments being required," Mr Power said.

"We have moved to ensure victims don't find themselves in situations like that in which Karl Kuchenbecker's partner found herself when she received a letter from the Legal Services Agency advising she might have to repay the costs of legal aid for his inquest.

"These circumstances highlighted the inflexibility of the previous legislation. Although the LSA later urged Mr Kuchenbecker’s partner to apply for a write-off of any repayment requirement once the final costs were known, some uncertainty remained.

"Under this legislation, the LSA will be able to decide at any time during the proceedings to not recover legal aid debt.

"This will give victims of crime increased certainty because it will no longer be necessary to wait until the end of proceedings to take this action."

The Act will commence in two months' time.

 ends

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