Sector-wide capability gaps in Legal Services for People with Disability in Western Australia | Article

Key Finding 6

The community legal sector across Western Australia is a diverse, skilled and competent mechanism creating accessible pathways to legal help for all. The sector continues to develop, improve and adjust to the changing demands of the community, government and the legal profession. This finding does however note gaps in capabilities which do create barriers for people with disability in accessing community legal services. Addressing these gaps is paramount to upholding equitable access to justice and should be considered as an opportunity for ongoing improvement.

One of the main challenges lies in the geographical discrepancies of service availability. While legal assistance is indeed available throughout Western Australia, it is difficult to evenly and proportionately distribute services across all geographical regions. Challenges to this distribution can potentially marginalise individuals living in less serviced areas. To mitigate this, there’s a call for more centralised specialist community legal services. These could provide invaluable support to generalist and regionally located legal centres, ensuring legal service delivery isn’t just a privilege of the urban population.

Inclusive informed practice is another area where the sector lacks consistency. Community legal centres, while proficient in their respective practice areas, may not necessarily have established systems in place to cater to individuals with diverse needs and barriers. This deficit could lead to service exclusion, which might disproportionately affect people with disabilities. It is crucial that the sector embraces the principles of universal design and inclusivity, to ensure all clients, regardless of their abilities, can access and benefit from their services.

The competitive sector model, based on economic principles and legal practice norms and culture, also presents challenges. Competition for funding may potentially reduce collaboration amongst organisations, limiting the exchange of knowledge, best practices, and mutual support. Although the study does not take a stance on the appropriateness of this model, it underscores that funding mechanisms should promote, rather than impede, collaborative efforts.

The study further highlights the lack of adequate legal professionals to assist with the National Disability Insurance Scheme (NDIS) Appeals process. This gap between demand and supply leaves many applicants without legal support during a complex and often stressful process. More investment is needed in specialised training and recruitment to close this gap.

Whilst our research has found these factors to be worth noting when considering formal referral mechanisms, it must also be noted that there is significant effort by individual community legal centres, groups of legal centres and a coordinated effort by Community Legal WA to address these gaps. Our research has identified these efforts as being practical, progressive, detailed and transformative.

These findings illustrate the importance of developing referral pathways specifically tailored for people with disability. These referral pathways must consider the challenges but also consider the well-coordinated efforts by the sector to address the challenges.

Having these pathways would not only bridge the current capability gaps but also empower individuals with disabilities by providing them with information and access to services appropriate to their needs. Through such initiatives, the sector can create a more inclusive and effective community legal assistance environment for all Western Australians, promoting a society in which every person, regardless of their abilities, has equal access to justice.

In conclusion, the sector-wide capability gaps highlighted in this research emphasise the necessity for ongoing continuous improvement and systemic changes, from better geographical service distribution and inclusion practices to collaborative funding models and specialised services such as NDIS Appeals assistance. Addressing these gaps will not only benefit individuals with disabilities but will also enhance the overall accessibility and effectiveness of the community legal sector in Western Australia A sector that has a long history of delivering excellent egal services to the most vulnerable and often marginalised members of the community.

Further Reading | Sector-Wide Capability Gaps in Legal Services for People with Disability in Western Australia

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

(2) People with disability in Australia – Australian Institute of Health …. https://www.aihw.gov.au/reports/disability/people-with-disability-in-australia/contents/about-this-report/the-disability-policy-environment.

(3) Community Legal Western Australia. https://www.communitylegalwa.org.au/.

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

(5) Find a Community Legal Centre | Community Legal WA. https://www.communitylegalwa.org.au/Pages/FAQs/Category/clc-location.

(6) Legal capability set | NSW Public Service Commission. https://www.psc.nsw.gov.au/workforce-management/capability-framework/occupation-specific-capability-sets/legal-capability-set.

(7) People with Disability: Action Plan to Improve WA Public Sector …. https://www.wa.gov.au/government/publications/people-disability-action-plan-improve-wa-public-sector-employment-outcomes-2020-2025.