NATIONAL HUMAN RIGHTS ACTION PLAN

Submission on behalf of Legal Aid NSW to the Commonwealth Attorney-General's Department

February 2012

The Legal Aid Commission of New South Wales (Legal Aid NSW) is an independent statutory body established under the Legal Aid Commission Act 1979 (NSW) to provide legal assistance, with a particular focus on the needs of people who are economically or socially disadvantaged. Legal Aid NSW provides information, community legal education, advice, minor assistance and representation, through a large in-house legal practice and through grants of aid to private practitioners. Legal Aid NSW also funds a number of services provided by non-government organisations, including 36 community legal centres and 28 women's domestic violence court advocacy services.

Legal Aid NSW welcomes the Federal Government commitment to developing the National Human Rights Action Plan (the Action Plan). We recognise that the Action Plan is a significant step in strengthening human rights and complying with Australia's international human rights obligations. However, Legal Aid NSW would be concerned to ensure that any actions identified in the Action Plan take into consideration likely cost implications on downstream agencies such as Legal Aid NSW.

Legal Aid NSW has significant expertise in human rights law. Pursuant to Legal Aid NSW Policy,[1] grants of legal aid are available for a range of matters related to human rights including public interest human rights matters, discrimination matters, and matters involving arbitrary abuse of government power. In addition to litigation, human rights issues regularly arise in our provision to clients of legal advice, outreach services, and specialist services such as the Children's Legal Service, Mental Health Advocacy Service and Prisoners Legal Service. In providing these services Legal Aid NSW regularly deals with the effect on our clients of the denial of human rights. A large proportion of these clients belong to the specific groups that the Action Plan identifies as particularly vulnerable to disadvantage and human rights abuses. Legal Aid NSW therefore supports the mechanisms identified in the Action Plan to assist in the protection of our clients' human rights.

For further information please contact Joshua Kulawiec, Solicitor, Legal & Policy Branch, at or Annmarie Lumsden, Executive Director, Strategic Policy, Planning and Management Reporting Division, at .

[1] Legal Aid NSW policy online is available at
http://www.legalaid.nsw.gov.au/for-lawyers/policyonline/policies