Chapter 11
THE ELEMENTS OF AN EFFECTIVE LEGAL
SYSTEM
1. Entitlement of a fair and unbiased hearing
2. Effective access to mechanisms for the
resolution of dispute
3. Timely resolution of dispute
4. The recognition of prevailing values and
basic human rights


The extent to which our legal system can be
considered effective is measured by the
degree to which it achieves each of the four
elements that are considered necessary for
upholding justice.
1.
2.
3.
4.
5.
Unable to afford
Limited access to legal representation
Existing legal structures
Not aware of legal rights
Cultural and social differences restricting
access
FINANCIAL INEQUALITIES
 Legal representation
 Court costs
 Legal aid
 Length of trials
Civil
 ADR’s
 Collaborative law
 No win no pay representation
 Legal service commissioner
 Pro-bono help
 Increasing civil jurisdiction

Suggested changes page 540
Criminal
 Indictable offences heard summarily
 Hand up brief

Suggested changes page 542
LEGAL AID
 Victoria Legal Aid
 Legal advice
 Legal assistance
 Conditions – Means test, Merit and
reasonable test
 Special conditions
 Duty lawyers
Read and summarise 532 to 549
Complete questions 2 (see page 532)
Question 3 page 537
Questions 4, 5, 6
Questions 8, 9 and 12