Law Society of WA

Transforming justice: From system failure to community power

From First Nations decarceration to AI-driven innovation, the 2025 National Access to Justice and Pro Bono Conference delivered a clear message: access to justice is not optional infrastructure, but a shared national responsibility demanding urgent reform, sustained investment and genuine collaboration.
February 2, 2026

By Greg McIntyre SC

The 2025 National Access to Justice and Pro Bono Conference was held on 29–31 October in Melbourne, co-hosted by the Law Council of Australia, the Australian Pro Bono Centre, and the Law Institute of Victoria. It addressed the theme Transforming Systems, Empowering Communities and, over two days, attracted more than 500 attendees.

Law Council President-elect Tania Wolff presented the opening remarks of the conference. She highlighted the importance of access to justice as a fundamental aspect of a fair society, comparable to education and healthcare, and stressed that ensuring access to justice is a shared responsibility among legal professionals, institutions, and governments. She also emphasised the need for sustained investment in the access-to-justice workforce.

First Nations over-imprisonment and alternatives

The conference presentations commenced with a keynote address by the President of the Australian Human Rights Commission, Hugh de Kretser, on the topic ‘Transforming our justice system’, which focussed on the crisis of First Nations over-imprisonment and explored how the access to justice sector can work with government to create a justice system which is, in fact, just.

That was followed by a plenary presentation by Nerita Waight, CEO of the Victorian Aboriginal Legal Service, pointing out how Victorian “tough on crime” policies have perpetuated cycles of incarceration for Aboriginal communities. She discussed projects designed as alternatives, such as the Justice Through Treaty initiative, Aboriginal youth decarceration project, and First Nations Cultural Capability Framework for legal professionals. Marie Mitchell, Director of Community Justice Programs, Victorian Aboriginal Legal Service, spoke further on this topic, comparing data across Australia and internationally highlighting systemic inequities.

A session led by First Nations presenters Simone Lim and Trent Wallace discussed the development of  a First Nations Cultural Capability Framework for legal practice developed by the Victorian Aboriginal Legal Service, Victoria Legal Aid and the Law Institute of Victoria, and a Guidance Paper on Working Pro Bono with First Nations Clients (which complements the Framework) which was produced by the Australian Pro Bono Centre.

Panellists from the Yoorrook Justice Commission discussed how its truth telling inquiry into systemic injustices fostered meaningful reconciliation.

Gender-based and domestic violence, financial, elder and disabled abuse

In a session on ending gender-based violence, a panel discussed how legal services community organisations and government agencies might collaborate  to improve access to legal services for survivors and recognise the importance of perpetrator accountability and training in recognising coercive control.

Another session drew attention to the partnership between Caxton Legal Centre, HopgoodGanim Lawyers and Hemmant’s List in providing pro bono representation to victims and survivors of domestic violence.

A further session discussed the Australian Human Rights Commission Respect@Work Sexual Harassment National Inquiry Report and the next steps in challenging gender-based violence and unfair employment practices.

A panel discussed practical advice and strategies for dealing with financial abuse which often occurs alongside family violence, elder abuse and abuse of persons with a disability.

Age Discrimination Commissioner Robert Fitzgerald pointed out that only half of the one in six older Australians who suffer abuse seek help.

Role of AI

In a session on harnessing AI and legal technology to progress justice innovation, delegates were introduced to an AI-powered complaints platform Hear Me Out (hearmeout.com.au), and Justice Connect’s natural language processing driven digital intake system. Another session examined the role of legal technology platforms in shaping service delivery and the role of digital innovation in community legal centres.

Another session considered how technology innovation may improve access to justice while ensuring that it is used safely and ethically.

Unmet need and the ‘missing middle’

There was a session on young people’s unmet civil law needs and the mental distress which accompanies that and another session on the ‘missing middle’, who are ineligible for publicly funded legal services, and how legal services might be redesigned to better serve them.

Safe environment for the marginalised

Deputy Chief Judge Patrizia Mercuri of the Federal Circuit and Family Court led a panel discussing reforms to enhance court safety, accessibility and inclusivity for marginalised populations, including First Nations peoples, family violence survivors, people from culturally diverse backgrounds and people with disability and changes in the migration jurisdiction.  

Dr Rebecca Goodhue provided guidance to legal practitioners on how to support clients suffering the effects of trauma with a safe environment which honours cultural knowledge.

A session on Summary Proceedings addressed the harmful impact of wrongful summary convictions and the barriers to contesting defensible charges.

A panel discussed the toolkit needed to provide trauma informed lawyering.

Speakers from the Victorian Mental Health Legal Rights Service and Queensland Indigenous Family Violence Legal Service outlined their co-design approaches to embedding lived experience into the project design, delivery and evaluation of their services.  

Commonwealth funding

An important topic was the level of Commonwealth funding for the legal services sector. Dr Warren Mundy, author of the Independent Review of the National Legal Assistance Scheme, Senator David Shoebridge and Dr Mark Zinsak participated in a session on that topic moderated by Elizabeth Shearer. They discussed the fact the Government’s response to the Mundy Report fell well below the significant increase in legal sector funding Dr Mundy recommended, and effective strategies for continuing the campaign – following the re-election of the Commonwealth Government – to have the Commonwealth, state and territory governments’ funding increased to a level matching community need.

It was noted that the Commonwealth has the funds and the States have the responsibility for delivery of legal assistance services, and that the Commonwealth should exercise its power to require funding of community-based justice reform in the youth justice area in the Northern Territory, 70 per cent of which is funded by the Commonwealth.

It was also noted that it should be recognised that 70 per cent of legal aid is provided by the private legal profession and that the private profession can no longer continue to provide legal aid services with rates of legal aid grants, particularly in rural, regional and remote areas.

The risk of family lawyers abandoning regional communities, with 30 per cent planning to leave by 2030 because of low legal aid fees, was highlighted by Toby Hemming, CEO of Victorian Legal Aid and Katherine McKenan, Executive Director of National Legal Aid.

Pro bono Legal Practice in Pacific Island Communities

Delegates were exposed to the complexities of legal practice in the Pacific Islands in a session with speakers from the Solomon Islands, Tuvalu, Tonga and the Philippines. Unique problems present themselves in providing pro bono services because of the small populations, which impose family obligations on practitioners, the small number of available practitioners, resulting in professional partners being obliged to represent opposing parties and the slow transport options between islands hampering obtaining instructions and attending courts.

Conflicts arise between customary law and international law standards in relation to human rights, religious freedom and freedom of association. Legal aid agencies are non-existent in Tonga and, in the Philippines, minimum pro bono hours must be performed or a financial contribution made to the Unified Legal Aid Service in lieu of the prescribed hours to be eligible to maintain a practising certificate.     

Administrative Review Tribunal

A session with Justice Kyrou, President of the ART, Kate Allingham CEO, Economic Justice and David Manne, CEO and Principal Solicitor, Refugee Legal, considered what has worked well, what has proven challenging in practice, and what lessons have emerged from the first year of the operation of the ART. The panel discussed the operation of the Tribunal’s social security, National Disability Insurance Scheme and migration jurisdictions.

LGBTQIA and legal services

Katie Green, CEO, Inner City Legal Centre and Kavitha Savisamy, Solicitor, Justice Q Lawyer drew on findings from the newly released Blueprint for Equality report to address critical service gaps for LGBTQIA+ communities, noting that half of Australian jurisdictions lack dedicated LGBTQIA+ legal services, despite 60 per cent of the community experiencing at least one legal problem a year. The session discusses best practice for design and delivery of culturally competent LGBTQIA+ legal services and effective models for pro bono partnerships.

Community-led movements

A session discussed movement lawyering, combining legal and non-legal perspectives and recognising the role of legal tools within a broader change strategy, supporting community-led movements to bring about social change, fighting oppressive power and recognising that law is a tool of oppression, with particular reference to the child protection system and its destructive impact on Aboriginal families.

Closing reflections

In closing the conference, Tania Wolff urged delegates to “think bigger” – beyond incremental change toward genuine system reform. Across three days, the sessions reinforced a common theme: justice is ultimately about people, and meeting them where they are requires courage, collaboration and sustained commitment.

The momentum generated in Melbourne made one thing clear: transforming systems to empower communities is no longer aspirational. It is urgent, and it is achievable.

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