Law Council of Australia

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Access to justice is essential infrastructure not a privilege

6 November 2025

The national access to justice and pro bono legal community came together in Melbourne on 29-31 October 2025 for the ninth National Access to Justice and Pro Bono Conference co-hosted by the Australian Pro Bono Centre, the Law Council of Australia and the Law Institute of Victoria. More than 500 representatives from private practice, Community Legal Centres, Legal Aid Commissions, Aboriginal and Torres Strait Islander Legal Services and Family Violence Prevention Legal Services met to discuss how governments, not-for-profits and the legal community could better support access to justice for all in Australia, particularly for people experiencing the most vulnerable points of their lives.

Delegates met to discuss a broad range of issues affecting the delivery of legal assistance. That included discussing how systemic issues and changing social dynamics in Australia and internationally are impacting on community cohesion and the rule of law, and how that in turn affects attitudes to and assistance for those needing legal help.

Adequate funding for legal assistance was high on the agenda, particularly recognising that, nationally, 70% of legal aid work is delivered by private practitioners, who provide casework for about one third of the rate for comparable worki. Delegates heard that the poor rates paid and the fact that some work is unpaid make it extremely difficult for private practices to continue to support access to justice, pay their staff and keep their doors open. The workforce crisis predicted by the Productivity Commission in 2014ii has now arrived.

Private law firms also provide free legal advice through pro bono activities. The Conference highlighted some of the innovative programs in place, particularly in the country’s largest law firms. Pro bono legal advice has grown by 25% over the past three years.iii

The Conference also heard from delegates about programs to address gender-based and family violence, improve meeting the legal needs of young people, combat elder abuse, support regional and remote communities, and address the legal needs of First Nations peoples and LGBTQIA+ communities.

Delegates also discussed how innovations in technology and AI can improve the delivery of legal services, and heard from experts in lawyer health, wellbeing and resilience.

We call for:

  1. A significant increase in funding for all legal assistance providers, so that there is access to justice for people across our communities experiencing disadvantage. The funding arrangements announced in the National Access to Justice Partnership, agreed between the Federal, State and Territory governments, do not represent a sufficient increase in new funding and do not extend to some of the most vital work undertaken by the legal assistance sector. They fall far short of the recommendations of the Independent Review of the National Legal Assistance Partnership 2020-25.iv
  2. Expanding legal aid means tests and eligibility criteria to ensure that Australians experiencing disadvantage can protect and defend their rights. This includes increasing legal aid grant rates in line with court payment scales so that the mixed model of service provision can operate sustainably into the future.
  3. Urgent funding for community-controlled, culturally competent services to respond to overwhelming unmet needs amongst Aboriginal and Torres Strait Islander persons. First Nations persons have the highest level of unmet legal need in Australia, and this need cannot be met without adequate resourcing.
  4. A focus on ensuring that rural, regional and remote communities are able to access appropriate legal assistance. Funding incentives to recruit and retain practitioners in these communities is essential and we call for the establishment of a HECS-HELP forgiveness scheme, as recommended in the Independent Review of the National Legal Assistance Partnership 2020-25 to ensure that Australians outside of capital cities have access to the services that they need and deserve.

i Victorian insights from the national census of legal aid private practitioners | Victoria Legal Aid
ii https://www.pc.gov.au/inquiries-and-research/access-justice/report/
iii Government funding needed to avert legal aid crisis - Law Council of Australia
iv Independent Review of the National Legal Assistance Partnership 2020-25 | Attorney-General's Department

Contact

Kristen Connell
P. 0400 054 227
E. kristen.connell@lawcouncil.au

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Last Updated on 28/11/2025

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