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Simon Power

17 February, 2010

Law to ease financial pressure on victims comes into force

A law designed to ease the financial pressure on victims of crime who receive legal aid to attend coronial inquests and parole hearings comes into force today.


The amendment to the Legal Services Act 2000 allows flexibility in the Act by allowing the Legal Services Agency to decide at any time during the proceedings not to recover the legal aid debt.


Previously the agency had to wait until the end of the proceedings.


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.


"We have moved to ensure victims don't find themselves in situations like that in which Karl Kuchenbecker's partner found herself in 2008 when she received a letter from the Legal Services Agency advising she might have to repay the costs of legal aid for his inquest.


"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 added stress of the possibility of repayments being required," Mr Power said.


"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.


"These amendments further the Government's commitment to recognise the victims of crime, and make government services more accessible to victims.

  • Simon Power
  • Justice