Hon Simon Power
Minister of Justice

3 April 2009 Media Statement

Legal aid bill helps victims of crime

A bill that ensures victims of crime have financial support to attend coronial inquests and Parole Board hearings received its first reading in Parliament last night.

The Legal Services Amendment Bill amends the Legal Services Act 2000 to ensure victims are not subject to financial eligibility tests or need to repay legal aid grants for lawyers needed when attending inquests and Parole Board hearings. The bill also makes some adjustments of a procedural nature

"This bill corrects what, in most people's mind, is a re-victimisation of the victims of crime," says Justice Minister Simon Power.

“Most people will recall how, in February last year, the partner of Karl Kuchenbecker, who was murdered by Graeme Burton, received a letter from the Legal Services Agency asking her to repay $19,000 granted in legal aid for the inquest into his death.
“That was not acceptable. That letter re-victimised Mr Kuchenbecker's partner.

"The Government is now moving to ensure that does not happen again. Victims should not be treated that way and left uncertain about what payments they will have to make.

“The needs of victims are of crucial importance, and it's vital to support them through a variety of measures. Most victims need support from other services, such as Victim Support, but in the rare cases where victims of crime need legal representation at inquests and Parole Board hearings it will now be available with no repayments required."

The bill also enables the Legal Services Agency, the agency responsible for granting legal aid, to decide not to recover legal aid debt at any time during the proceedings. This gives victims increased certainty because it will no longer be necessary to wait until the end of proceedings to take this action.

The Government will also be able to make regulations to control eligibility and repayment criteria so it can respond swiftly to future situations where exemptions are required.

ENDS

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