Competency testing for legal aid lawyers is one of the latest steps in the reform of legal aid services, Justice Minister Simon Power said today.The Government has already said it would largely accept the recommendations of a damning review of legal aid
Competency testing for legal aid lawyers is one of the latest steps in the reform of legal aid services, Justice Minister Simon Power said today.
The Government has already said it would largely accept the recommendations of a damning review of legal aid by Dame Margaret Bazley.
Dame Margaret's report said some lawyers and defendants were "abusing the system to the detriment of clients, the legal aid system, the courts and the taxpayer".
She believed there was evidence that many lawyers had been acting corruptly in doing their work.
Administrative costs were out of control and the LSA seemed paralysed and unable to deal with the legal sector, her report said.
The report also led to Legal Services Agency (LSA) chief executive Tim Bannatyne losing his job and the resignation of four members of the agency's board.
The Government decided swiftly after the report that the agency would be wound back into the Justice Ministry.
Mr Power said he wanted to restore public trust in legal aid.
"I was deeply concerned by the problems Dame Margaret found. They go to the very heart of the integrity of our legal system and it's essential the Government moves quickly to address them. The changes I am announcing today do that. They provide the detail of the changes announced last December, and advance proposals to reform legal aid," Mr Power said.
The new legal aid system will include:
* legal aid lawyers having to demonstrate competency to a selection committee with performance monitored and sanctions imposed where appropriate. Lawyers will have to re-apply after a fixed term (usually three years);
* expansion of the Public Defence Service to Wellington, Christchurch, and Hamilton. The service provides legal aid through salaried staff rather than contracted lawyers;
* appointment of supervisors and enhancement of criteria for selecting duty solicitors;
* streamlining of processes for assessing applications for low-cost criminal cases in the summary jurisdiction; and
* replacement of the Legal Aid Review Panel with a Legal Aid Tribunal, to increase transparency in decision making.
Mr Power said he was confident the changes would improve the quality and efficiency of the service.
Amending legislation is required to implement many of the changes, and will be introduced to Parliament later this year.
Last year there were 85,156 legal aid grants costing taxpayers $131 million.
