Review of the Commonwealth Community Legal Services Program - March 2008
This review is the first nationally-focused review of the Commonwealth Community Legal Services Program.
The review had as its focus, the goal of maximising legal outcomes for disadvantaged Australians through improving services and ensuring they are more appropriately and effectively targeted to the needs of the community.
Response to consultation process on the implementation of recommendations of the Review of the Commonwealth Community Legal Services Program
In April 2006, the Attorney-General's Department undertook a review of the Commonwealth Community Legal Services Program with a view to maximising legal outcomes for disadvantaged Australians, through improving services and ensuring they are more appropriately and effectively targeted to the needs of the community. This review was the first nationally-focused review of the Program.
The Department released its report on the review in March 2008. Feedback was sought from stakeholders about the report's recommendations and their implementation. Stakeholders consulted comprised the National Association of Community Legal Centres (NACLC), State and Territory Attorneys-General, legal aid commissions in all States and Territories (except for South Australia, where feedback was sought from the Attorney-General's Department), National Legal Aid (NLA), and the Community Legal Services Program State Program Managers. Not all stakeholders provided comments, and the majority of input to the consultation process came from NACLC and State Program Managers.
The consultation process with stakeholders was constructive, with valuable feedback provided on the report's recommendations including suggested changes to the wording of some recommendations. Set out below is the final form of the recommendations as approved by the Commonwealth Attorney-General, the Hon Robert McClelland MP. A brief commentary on the outcome of the consultation process for each recommendation is also included.
Recommendation 1
The objective of the Commonwealth Community Legal Services Program should be to contribute to the provision of access to legal assistance services for disadvantaged members of the Australian community and those with special needs through the provision of funding to organisations with a community-based management model.
Amended to:
The objective of the Commonwealth Community Legal Services Program is to contribute to the provision of access to legal assistance services for disadvantaged members of the community and those with special needs and/or those whose interests should be pursued as a matter of public interest through the provision of funding to community-based organisations.
Consultation outcomes:
Stakeholders indicated in-principle support for this recommendation. However, retention of the following words were preferred "...and/or those whose interests should be pursued as a matter of public interest'; as articulated in the current Guidelines on the grounds that whilst the primary aim of the Program is to address the legal needs of disadvantaged members of the community, the objective statement should continue to acknowledge explicitly the important and legitimate role of community legal centres (CLCs) in delivering legal services in the public interest.
Stakeholders also suggested replacing "community-based management model' with "community-based organisations', and referring to the words in the current Program Guidelines which acknowledge CLCs as community-based, independent non-profit organisations, without referring to a specific management model. Some stakeholders preferred retention of the term "community-based organisations' because it reflects the diversity of the sector, the greatly varying operational circumstances of different centres and the importance of acknowledging their independence and allowing them flexibility.
Recommendation 2
The primary function of the Commonwealth Community Legal Services Program should be the provision of early intervention legal and related services designed to deal with identified client needs.
Amended to:
The primary function of the Commonwealth Community Legal Services Program is to address identified client and community needs for legal and related services, responding by way of early intervention strategies where practicable.
Consultation outcomes:
Stakeholders agreed in principle to this recommendation. However, it was suggested that the primary function of the Program should explicitly recognise that, while the provision of early intervention services is the ideal (and the Program should emphasise the importance of addressing clients' needs in this way), CLCs have little control over when clients contact them for assistance. This means that early intervention strategies may not always be practicable.
Recommendation 3
The Community Legal Services Program's role in the mix of other service delivery options should be to provide services which complement those of legal aid commissions and other service providers and which are coordinated with those providers within a cooperative service delivery framework. This complementary role should be explicitly stated in the Program Guidelines.
Amended to:
The Commonwealth Community Legal Services Program should provide services which are coordinated with other available services within a cooperative service delivery framework.
Consultation outcomes:
Stakeholders agreed in principle to this recommendation, although it was suggested that it be worded to better reflect a cooperative relationship between independent service providers.
Recommendation 4
A funding model should be adopted for the allocation of any new funding provided to the Commonwealth Community Legal Services Program.
Consultation outcomes:
Stakeholders generally supported the adoption of an evidence-based funding model but sought consultation on the detail and how the model would be implemented.
Recommendation 5
The proposed funding model (described in the Review report) should be provided to stakeholders for comment prior to consideration of its adoption as the Commonwealth Community Legal Services Program funding model.
Consultation outcomes:
Details of the proposed model were provided to stakeholders, with the operation of the model demonstrated to NACLC, NLA and State Program Managers. Valuable and constructive feedback was provided to the Department, and consultations on the model will continue.
Recommendation 6
The funding model should run on a three year cycle, concurrent with the service agreement, and be used to review the allocation of funding to individual community legal centres prior to the next service agreement.
Consultation outcomes:
Stakeholders agreed in principle with this recommendation, subject to further consultation on the details of the funding model.
It is acknowledged that certainty in terms of baseline funding is important for planning purposes.
Recommendation 7
The Australian Government should not initiate the establishment of any new community legal centres based on socio-economic/client data alone - community genesis should be the driving force for the establishment of any new services, supported by relevant socio-demographic data to establish need.
Consultation outcomes:
While this recommendation was generally supported in-principle, the consultation process highlighted two areas of concern. Firstly, there was a concern that "community' in "community genesis', should be recognised as including a community of interest as well as a local, geographic community. Secondly, there was a concern that this recommendation should not preclude the provision of funding for a new CLC where a need is identified but the community involved has not yet come together to support the establishment of a new service.
The Government agrees that "community' may refer to communities of interest as well as local geographic communities and notes that this recommendation does not preclude the allocation of Program funding for service delivery in new areas.
Recommendation 8
An overarching service delivery model should be adopted to provide an outcomes-based performance management framework for the Commonwealth Community Legal Services Program, requiring community legal centres to:
- identify the legal service demands of their client communities
- develop a service delivery plan to meet those demands in accordance with Commonwealth Community Legal Services Program priorities
- deliver services in accordance with that plan, and
- evaluate the effectiveness of their service delivery.
Consultation outcomes:
Stakeholders agreed in-principle to this recommendation and requested further consultation throughout the implementation process. Some concern was expressed that additional work would be required of centres in terms of identifying, and demonstrating that they had identified, their community's legal service demands.
The Government does not anticipate that the requirement for centres to identify client needs will result in significant additional work. The identification of legal service demands can be undertaken by a variety of means, including use of data already collected by CLCs through the Community Legal Services Information System and data from the Australian Bureau of Statistics (where relevant), as well as regular formal or informal contact with community groups and other service providers.
Recommendation 9
Funding by sub-program should be re-evaluated and options considered to allow for greater flexibility in reporting for those community legal centres funded under more than one sub-program.
Consultation outcomes:
While there was a recognition that flexibility in terms of service delivery is important, there was also a concern that this flexibility should not override the need to account for the expenditure of funding provided under distinct sub-programs.
The Government accepts this recommendation but the implementation of any options for flexibility in reporting will need to be the subject of further consultation.
Recommendation 10
The present restriction against litigation in the Commonwealth Community Environmental Legal Program should be removed subject to the inclusion of a provision in the Program Guidelines requiring that assistance is targeted at the needs of the local community and resources are allocated in a way which maximises service delivery to that community.
Amended to:
The present restriction against litigation in the Commonwealth Community Environmental Legal Program should be removed.
Consultation outcomes:
Stakeholders welcomed the recommended lifting of the litigation restriction but raised concerns about the possible ambit of the additional provision and the use of the term "local community'. This was on the basis that any such provision would treat Environmental Defender's Offices (EDOs) differently to other CLCs funded under the Program, and that the general Program Guidelines already contain a provision relating to the prioritisation of resource allocation. Some concerns were also raised about the term local community being applied to centres that operate on a State or Territory wide basis.
The restriction against litigation in the Commonwealth Community Environmental Legal Program was removed on 17 March 2009. No additional provision relating to the targeting of assistance or allocation of resources was included in the Program Guidelines.
Recommendation 11
The possibility of bringing other Australian Government funding under the umbrella of the Commonwealth Community Legal Services Program should not be pursued given the lack of any evidence that this would result in any efficiencies in meeting accountability requirements.
Consultation outcomes:
This recommendation was agreed to by stakeholders.
Recommendation 12
The Department should re-evaluate financial reporting requirements with a view to streamlining them for the purposes of the next round of service agreements.
Consultation outcomes:
This recommendation was agreed to in-principle by stakeholders, subject to further consultation on the details. However, it was noted that the current financial reporting requirements are well understood and generally accepted.
Recommendation 13
The Department should consult with Commonwealth Community Legal Services Program stakeholders on the implementation of a performance management framework incorporating a performance review of each community legal centre in the final year of the three year funding cycle with a satisfactory rating (or significantly improved performance following an unsatisfactory rating) required for eligibility for funding in the next three year cycle.
Consultation outcomes:
There was agreement in-principle to the introduction of a performance management framework, although stakeholders stressed that further consultation on determining the details was critical. However, concern was expressed about the possible workload associated with conducting a performance review of each community legal centre in the final year of the three year funding cycle. The Department undertook further discussions on the proposed framework and has developed an alternative approach based on a performance feedback process utilising, in the main, information already collected for accountability purposes.
Further consultations on the performance management framework will proceed in the context of negotiations on new service agreements to take effect from 1 July 2010.
Recommendation 14
The existing Commonwealth Community Legal Services Program service standards should be reviewed to ensure consistency with better practice principles.
Consultation outcomes:
This recommendation was supported, although there appeared to be a consensus that no radical changes were required to the existing standards.
Recommendation 15
Existing service delivery reporting requirements should be changed to include a greater focus on outcomes, for example, through a requirement to include case studies demonstrating how service delivery strategies achieve outcomes for clients.
Consultation outcomes:
This recommendation was agreed to in-principle by stakeholders with the details of revised reporting requirements to be determined in further consultations. While there was overall support for a shift to outcome reporting there was also a concern that overall reporting requirements should not increase. Stakeholders noted that case studies alone would be insufficient to demonstrate how outcomes were being met.
Recommendation 16
An evaluation strategy for the Commonwealth Community Legal Services Program should be developed in consultation with stakeholders with the aim of implementing a program of evaluation activities designed to facilitate continuous improvement.
Consultation outcomes:
This recommendation was agreed, subject to further consultation on the details and consideration of any resource impacts on CLCs and/or State Program Managers. It was also suggested that a consultant be engaged to assist in the development of the evaluation strategy.
A consultant was engaged to run an initial workshop with stakeholder representatives, and consultations on the evaluation strategy will continue.
