Strategic Plan 2011–14 Performance summary April 2015 Victoria Legal Aid, Strategic Plan 2011–14 Performance summary April 2015 Page 1 of 11 Table of contents Executive summary .......................................................................................................................... 3 Key achievements ........................................................................................................................ 3 Overall performance ........................................................................................................................ 4 Performance against strategic goals and objectives ................................................................... 4 Performance against commitments.............................................................................................. 5 Appendix 1 Performance against commitments .............................................................................. 6 Victoria Legal Aid, Strategic Plan 2011–14 Performance summary April 2015 Page 2 of 11 Executive summary The Strategic Plan 2011-–14 was launched in June 2011 and took effect from July that year. The plan set the direction for Victoria Legal Aid over a three year period and was underpinned by the objectives of the Legal Aid Act 1978 (Vic) and the National Partnership Agreement on Legal Assistance Services (NPA). The plan set out to achieve outcomes under three priority themes: Strategic goal: To deliver timely and respectful access to the justice system; to help people resolve legal problems and protect rights Strategic goal: To build strong effective relationships with other organisations for the benefit of our clients Strategic goal: to enhance organisational capability to respond to a changing environment The services we provide have been guided by the themes and goals we committed to in the Strategic Plan 2011–14, and have underpinned our business plans over the last few years. Our approach to measuring performance was through a series of activities and nine strategic commitments. Overall, performance against the Strategic Plan is generally positive. Progress against most commitments has on the whole been strong and in many respects the achievements over the last three years have laid important foundational work for our future directions. More detail on the final outcomes against each commitment is provided in Appendix 1. Key achievements Strong performance for information services and an increase in participants for community legal education which has supported our early intervention and prevention strategy. More accredited specialists in the areas of children’s law, immigration and administrative law. As children are a priority client group, the increase in accredited specialists for children’s law is considered significant as at the outset of the plan Victoria Legal Aid had no specialists and now has 20. An increase in the number of specialists across a number of law types is seen as a key strategy to improving the quality of legal services. Continued increase in referring clients to other support services with the aim to provide more client focused assistance. Overall performance Performance against strategic goals and objectives The objectives and activities set out in the Strategic Plan have been very successful in driving fundamental changes to the overall direction and operations of Victoria Legal Aid. The emphasis on the earlier resolution of legal problems, the need to identify and prioritise clients most in need, expansion and consolidation of services in certain areas of civil law, the quality of legal services delivered (through the Panels Project and establishment of Victoria Legal Aid Chambers), adopting a more holistic approach to addressing legal and other problems (through referrals and law reform) and working more effectively with other organisations (for example, through the establishment of the Victorian Legal Assistance Forum), together generated a number of initiatives and changes to service delivery with a clear focus on supporting the strategic commitments and ultimately the broader strategic direction set out in the plan. Victoria Legal Aid’s annual reports over the last three years have provided an indication of services delivered against the priority themes. Aligning our key achievements against the priority themes has demonstrated the extent to which the strategic plan guided service delivery improvements over the life of the plan. Performance against commitments Our performance against each commitment is positive with only one showing as not achieved against the intended outcome. Table A – overall performance against commitments Legend Achieved Not achieved Partially achieved Commitments Helped more people with civil law issues and those from regional and rural Victoria More people benefitting from information, advice, community legal education and other early intervention services Reported what clients say about us and the circumstances of those people we cannot help More accredited specialists helping clients and improved the way children are assisted More women briefed in significant cases and more transparent practices for briefing advocates who appear in court Improved continuity in representation for legally aided clients and helped reduce court delays Measured and increased the impact of our contribution to justice reform Monitored and increased the number of client referrals to ensure a more complete service More ‘joined-up’ services and more evaluations of services made with our partners Performance Appendix 1 Performance against commitments Helped more people with civil law issues and those from regional and rural Victoria Outcome: Not achieved Table 1 - Unique civil law clients overall 2011–12 2012–13 2013–14 2014–151 14,843 13,706 12,262 7,622 -7.6% -10.5% Table 2 - Unique clients in regional and rural Victoria 2011–12 2012–13 2013–14 2014–15 26,805 25,872 24,305 14,611 -3.5% -6.1% Table 3 - Unique civil law clients in rural and regional Victoria 2011–12 2012–13 2013–14 2014–15 3,449 3,158 2,771 1,534 -8.4% -12.3% While the overall numbers suggest we are providing fewer people with services, the raw data does not provide an adequate picture of our deliberate policy decision to better target services and ensure people are receiving more meaningful assistance for legal problems that are likely to have a more significant impact on their lives. We have increased services in our specialist practice areas including mental health and disability advocacy, equality law and commonwealth entitlements, including more intensive services such as grants of aid and duty lawyer appearances. However, during the same period we also reduced the provision of one-off, drop in advice sessions across a broader range of civil law issues. These clients now access the Legal Help telephone service, where many receive information or a referral to a more appropriate service rather than one-off legal advice, affecting our client count. More people benefiting from information, advice, community legal education and other early intervention services. 1 Data sets for 2014–15 throughout this report are as at 31 December 2014 in line with the lifespan of the plan and have not been provided for a full twelve months. This has been taken into consideration when determining performance against each commitment. Outcome: Achieved Table 4 – Number of early intervention and prevention services/participants Information services 2011–12 2012–13 2013–14 2014–15* 76,129 81,790 111,576 67,238 +7.4% +36.4% 51,598 46,178 -6.6% -10.5% 12,770 16,542 +11.7% +29.5% 146,158 174,296 +2.3% +19.3% Legal advice, minor work 55,255 and advocacy Community Legal 11,434 25,147 6,766 Education participants Total 142,818 99,151 Reported what clients say about us and the circumstances of those people we cannot help Outcome: Achieved We undertook three client satisfactions surveys in 2010–11, 2011–12 and 2012–13. Results were reported in our annual reports and on our website. We have improved our understanding and reporting of the circumstances of people we cannot help in a number of ways. This has included: the launch in late 2012 of the Legal Australia-Wide Survey: Legal Needs in Victoria report, commissioned from the Law and Justice Foundation of NSW Legal Help service realignment which has enabled better data recording and reporting Our submission to the Productivity Commissions draft report on Access to Justice Arrangements which highlighted the unmet civil law need in Victoria and the difficulties with meeting the cost of this legal need. More accredited specialists helping clients and improved the way children are assisted Outcome: Achieved Table 5 - Accredited specialists at Victoria Legal Aid 2011–12 2012–13 2013–14 2014–15* Criminal law 29 40 32 33 Family law 9 9 9 9 Children’s law 0 19 19 20 Administrative law 0 0 1 1 Immigration law 0 0 1 1 Total 38 68 62 64 The significant increase in the number of accredited specialists in children’s law will in turn improve legal services to this priority client group. However, the increase in accredited specialists does not capture the continuing work being done to improve the design and delivery of services. Further work on improving the way children are assisted will be incorporated into the overall review of family law services currently underway. More women briefed in significant cases and more transparent practices for briefing advocates who appear in court Outcome: Partially achieved Table 6 - Women briefed by the Victoria Legal Aid staff practice in significant cases2 2011-12 2012-13 2013-14 2014-15* 44% 52% 49% 43% These results only take into account women briefed in significant cases. However, when looking at women briefed overall the results are more positive as demonstrated in the table below: 2 The results against this measure currently relate only to Victoria Legal Aid’s staff practice. Complex matters were defined as all indictable or appellate cases, family law cases involving five or more appearance days, and all civil Supreme or High Court cases Table 7 - Women briefed by the staff practice 2011–12 2012–13 2013–14 2014–15* 55% 53% 54% 50% Victoria Legal Aid is committed to supporting women at the Victorian Bar with the current intake of the Trial Counsel Development Program made up entirely of women. Initiatives to have more transparent briefing practices include: the summary crime briefing policy which enacts Victoria Legal Aid’s commitment to increasing the amount and quality of advocacy conducted by staff the introduction of a coordinated briefing policy for indictable crime matters that applies to contested committals and trials the extension of the indictable crime coordinated briefing policy to include County Court pleas, appeals and supervision and detention orders under the Sex Offenders (detention and Supervision) Act 2009. Improved continuity in representation for legally aided clients and helped reduce court delays Outcome: Partially achieved Table 8 - In-house casework (grants of legal assistance) files handled by only one Victoria Legal Aid lawyer 2011–12 2012–13 2013–14 2014–15 71.0% 68.4% 66.9% 69.5% Table 9 - In-house casework (grants of legal assistance) files retained by Victoria Legal Aid 2011–12 2012–13 2013–14 2014–15 89.5% 88.5% 89.8% 91.3% Other initiatives to help reduce court delays included: the adult summary crime duty lawyer guidelines changes, which help duty lawyers and support staff to prioritise eligible clients ensuring resources are targeted to those most in need the Block Briefing pilot in the Latrobe Valley which targeted County Court circuit delays increased in-house advocacy to help resolve a client’s matter at the earliest opportunity Measured and increased the impact of our contribution to justice reform Outcome: Partially achieved Table 10 - Justice and law reform submissions 2011–12 2012–13 2013–14 2014–15 35 25 23 6 Finding a valuable and meaningful way to gauge the impact of our contribution to justice reform remains challenging, as measures aligned to volume or uptake of recommendations fail to reward quality or recognise the complex policy environment in which law reform is driven. Over the life of the Strategic Plan, Victoria Legal Aid has become more selective in approaching reform to the justice system, with a greater commitment to supporting governments in often incremental, long-term positive change and a focus on issues in which we have particular expertise or unique insights compared to other agencies. This approach is reflected in the downward trend in the number of submissions (see table 10). Notable contributions during the life of the plan include the following: Challenging public perceptions in relation to people smuggling by highlighting the way in which mandatory sentencing provisions were leading to unjust outcomes through the imprisonment of innocent people hired to crew boats. This ultimately triggered changes to empower courts to exercise discretion in sentencing people charged with people smuggling offences. The significant uptake of our recommendations in the Victorian Law Reform Commission’s report on the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, which arose from our representations to the Department of Justice and the then Attorney-General on the need for reform to improve practices and reduce court delays for mentally impaired accused. The publication of a comprehensive position paper containing recommended reform to the infringements system, which has assisted the Attorney-General to frame further legislative priorities in this area, after our representations led to the introduction of a right to rehearing when a person faces imprisonment for unpaid fines; Raising awareness of the incidence and impact of pregnancy discrimination, by having clients describe their experiences in their own words as part of a consultation undertaken by the Australian Human Rights Commission. Improving understanding of the importance of a well-funded legal assistance sector, through detailed contributions to the Productivity Commission review of Access to Justice Arrangements. Monitored and increased the number of client referrals to ensure a more complete service Outcome: Achieved Table 11 – Client referrals 2011–12 2012–13 2013–14 2014–15 External 43,997 71,337 84,603 47,294 Internal Not captured 6,078 9,890 6,786 The significant increases in the number of referrals made is primarily due to the work being done through the Improved Client Access and Triage project. This work has seen significant changes in how we provide services to people seeking legal help, by ensuring we prioritise those most in need and providing referrals at the earliest opportunity to the most appropriate internal and/or external service. Not included in the above table, but worthy of note are internal referrals made within the Legal Help telephone service. Of particular note is the increase in callers referred to the language line to be helped by one of our bi-lingual staff. These referrals have increased significantly due to the increase in bi-lingual staff at Legal Help. More ‘joined-up’ services and more evaluations of services made with our partners Outcome: Partially achieved We have continued to pursue ‘joined-up’ service delivery which is reflected in the data on increased number of referrals (table 11 above), the increase in community legal education delivered with other organisations and the ongoing work around increasing outreach services delivered in Community Legal Centres and other community agencies. While we have progressed a number of service evaluations of our own, evaluations made with our partners have not been fully progressed over the life of the plan and we recognise this was a challenging target given our current level of maturity in this regard. We have however, completed an evaluation with the Family Law Legal Service, which provides a duty lawyer service at our Family Dispute Resolution Service (formerly Roundtable Dispute Management). The report is currently being finalised and any findings and recommendations flowing from the report will be incorporated into future planning. Evaluation will continue to be a key focus for Victoria Legal Aid with our evaluation framework rolled out during 2015. This is a key body of work which will help us to understand what is being achieved, identify possible improvements, as well as meet the expectations and reporting requirements of funders.