Indigenous legal services concerned about funding arrangements

A new single national mechanism to cover funding for Aboriginal and Torres Strait Islander Legal Services, legal aid services and community legal centres was introduced in the federal budget, just months after an independent review recommended retaining the separate arrangements.

Under the measure announced on Tuesday, the new single mechanism for funding will come into effect in July 2020, with Aboriginal and Torres Strait Islander Legal Services to be guaranteed continued funding at current levels for another two years in the new system.

It's the uncertainty after that point that has Indigenous legal service bosses worried they will be left fighting for funding and unable to offer the same level of services.

Co-chair of peak body National Aboriginal and Torres Strait Islander Legal Services Cheryl Axleby said she was happy the government had reversed a funding cut from 2013, with funding for the next three years to be around $75 million a year.

But she warned the consequences for Aboriginal and Torres Strait Islander Legal Services could be severe if the plan to merge the funding streams continues.

"Our communities see our services as being crucial in their lives and when we've seen the demise of many Aboriginal community controlled organisations by this government with the reduction of funding, we are really concerned about what this means for our people, considering that we are the highest-incarcerated race in the world," Ms Axleby said.

"This is really concerning, not just for our Aboriginal and Torres Strait Islander Legal Services, we are high level employers of Aboriginal staff across communities, as well as legal practitioners who gain valuable experience by working in our communities."

Ms Axleby said that without a dedicated line of funding, Indigenous voices wouldn't be heard in the legal system.

"We will see a decimation with our communities' voices on justice issues, because what we do well, is we highlight the systemic barriers, the systemic racism and also we take up issues of concern such as the removal of children."

"We're involved in Native Title, we play a key role in highlighting the human rights aspects of Aboriginal and Torres Strait Islander people's voices as well."

The change in funding arrangements was particularly galling, as it came just months after the Attorney-General's Department commissioned a review that found the Indigenous Legal Assistance Program, which provided the current funding, was fulfilling its goals. Ms Axleby said it was astounding that the Attorney-General's Department had ignored its own review.

"[The review] identified the strengths of our services, that we are very cost-effective and efficient. The other issue that's been identified is the enormous workloads that we carry and we are the only service providers in remote communities," she said.

"At a time where we've had this government talk about doing more with Aboriginal and Torres Strait Islander communities, supporting our self-determination, all we're seeing really is a smoke-screen commitment where they are further pushing us into becoming mainstream service providers."

"We know already that access to mainstream services are not taken up by people in our communities and the devastating impact on that for us, is are we going to see further incarceration rates soar?"