Mechanisms to accessing legal assistance | Article

Key Finding 2

The key finding highlights the importance of developing tailored mechanisms to facilitate access to legal assistance for individuals in Western Australia, particularly those who experience disability and other forms of disadvantage (Department of Communities). Mechanisms refer to the various services and solutions designed to assist individuals in accessing legal support.

Access to justice is a fundamental right for all individuals, regardless of their abilities or circumstances. However, people with disability often face unique challenges in navigating the legal system due to barriers such as communication difficulties, limited mobility, and discriminatory practices. To address these challenges effectively, it is crucial to develop referral pathways and mechanisms that are specifically tailored to the needs of people with disability within the community legal services sector.

One key aspect of these tailored mechanisms to accessing legal assistance is the provision of accessible and inclusive information. People with disability often encounter barriers in understanding their rights, accessing legal information, and identifying the appropriate avenues for seeking assistance. To address this, community legal services should adopt inclusive practices by providing information in multiple formats such as plain language, Easy Read, and audiovisual resources (Department of Communities). These materials should be available in a range of accessible formats, ensuring that people with disability can understand their legal rights and options in an equal and meaningful manner.

Another important mechanism is the establishment of disability-inclusive referral pathways (Department of Communities). Often, people with disability face intersecting legal issues that require the expertise of different legal service providers. However, navigating the complexities of the legal system can be overwhelming and daunting for individuals with disability. By creating referral pathways tailored to the unique needs of people with disability, community legal services can collaborate effectively and ensure a holistic approach to addressing legal needs. This may involve partnerships with disability advocacy organisations, health services, support agencies, and other relevant stakeholders. These partnerships can enhance coordination and cooperation, ensuring that individuals receive comprehensive legal assistance and support.

Additionally, the availability of specialised legal services specifically focused on disability-related matters is crucial (Department of Communities). Many legal issues faced by people with disability require specialised knowledge and expertise to ensure effective representation and advocacy. These may include matters related to disability discrimination, guardianship, disability benefits, access to education, and accommodation rights. By developing specialised legal services, community legal centres can provide targeted support, advice, and representation to individuals with disability, thereby addressing their unique legal needs.

Developing mechanisms that facilitate access to legal assistance for people with disability is not only a matter of inclusivity and social justice but also aligns with legal obligations under disability discrimination legislation and international human rights frameworks (Australian Government). The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which Australia is a signatory, emphasises the right of people with disability to access justice on an equal basis with others. Tailored mechanisms and referral pathways that consider the diverse needs and experiences of individuals with disability can help bridge the gap in accessing legal assistance and promote equal and effective participation in the justice system.

In conclusion, the key finding emphasises the importance of developing tailored mechanisms to ensure access to legal assistance for people with disability in Western Australia (Department of Communities). By providing inclusive information, establishing disability-inclusive referral pathways, and offering specialised legal services (Department of Communities), community legal services can better address the unique legal needs of individuals with disability. These mechanisms not only promote inclusivity but also uphold legal obligations and human rights principles (Australian Government), ultimately fostering a more equitable and accessible justice system for all individuals.

Further Reading | Mechanisms to accessing legal assistance

(1) Advocacy services for people with disability. https://www.wa.gov.au/organisation/department-of-communities/advocacy-services-people-disability.

(2) State Disability Strategy 2020-2030 – Western Australian Government. https://www.wa.gov.au/government/document-collections/state-disability-strategy-2020-2030.

(3) Australia’s Disability Strategy 2021-2031. https://www.disabilitygateway.gov.au/sites/default/files/documents/2021-11/1786-australias-disability.pdf.