Royal Commission identifies need for free legal assistance to support veterans
National Legal Aid
Inquiry says “Dedicated funding for veterans’ legal assistance should continue”
The peak body for Australia's largest legal sector has welcomed key findings of the Royal Commission into Defence and Veteran Suicide.
The final report of the inquiry:
- highlights the need for veterans to be supported by advocates when applying for compensation
- praises the work of the Defence and Veterans Legal Service (DAVLS). This free service is an initiative of National Legal Aid, the peak body for Australia’s eight legal aid commissions.
DAVLS helped veterans make submissions to the Royal Commission and make applications for veteran compensation and other entitlements. DAVLS will close this month following the conclusion of the inquiry.
Royal Commission final report
Recommendation 99 says better advocacy support services are needed to help veterans pursue applications for compensation.
As shown in the excerpt below, the report also praises the Defence and Veterans Legal Service.
Dedicated funding for veterans’ legal assistance should continue
During our inquiry, the National Legal Assistance Partnership was reviewed… The review recommended priority client groups be expanded to include veterans and ‘serving personnel experiencing bullying and harassment’.
We strongly endorse this recommendation, and commend DAVLS [the Defence and Veterans Legal Service] for its services to veterans… Its approach has emphasised the need for trauma-informed services, with strong relationships and referral pathways with ESOs [ex-service organisations].
Royal Commission final report (volume 5, pages 450-451)
Clearing the 41,000 backlog
The final report highlighted how DAVLS helped people participate in the Royal Commission and make applications for veteran entitlements.
“Free legal support is vital for veterans and will help the Commonwealth clear the backlog of 41,000 veteran entitlements claims,” says National Legal Aid Executive Director Katherine McKernan.
Veterans being charged exorbitant fees
“Applying for entitlements can be extremely difficult and veterans often seek legal assistance during that process. Sadly, some law firms charge large amounts for legal support that has been freely available from the Defence and Veterans Legal Service for three years during the Royal Commission.
“High fees are also being charged by some fee-for-service advocates. These are non-lawyers who don’t have to cap their fees when helping people to apply for veteran entitlements.
Runs on the board: almost 7,000 services across Australia
“The Defence and Veterans Legal Service has delivered almost 7,000 free and confidential services across Australia, and it’s independent of all agencies including the ADF and the Departments of Defence and Veterans’ Affairs.”
The Royal Commission received submissions from almost 6,000 people; DAVLS supported about 1,500 of those individuals to prepare their submissions. DAVLS also helped people navigate complex laws and rules regarding veteran entitlements.
National Legal Aid has previously called on the Commonwealth to provide ongoing funding for veterans’ legal support.
Contact details:
Katherine McKernan | 0425 288 446 | katherine.mckernan@legalaid.nsw.gov.au