Question – Tasmania Law Reform Institute
Question asked by the Hon Meg Webb MLC on 25 November 2021 and answered by the Minister for Justice on 3 March 2022.
Recognising that historically the Tasmanian Government has received independent law reform advice from advisory commissions, commissioners and institutes in one form or another since 1974, can the Government detail the following in relation to the Tasmania Law Reform Institute (TLRI):
(1) Any funding support allocated to the TLRI from the Solicitor’s Guarantee Fund, or any other government source for the financial years 2020-21 and 2021-22; and
(2) Whether the Government intend to renew the current Renewal Agreement between the Government of Tasmania, the University of Tasmania and the Law Society of Tasmania, referred to as the parties, beyond its current expiry date of November 2022?
Answer (1): The Tasmanian Law Reform Institute (TLRI) was established on 23 July 2001 by agreement between the State Government, University of Tasmania and the Law Society of Tasmania.
In April 2015, the Partners to the Institute Agreement finalised a renewal agreement extending the agreement for five years, until November 2019. The parties agreed to continue the operation of the TLRI by entering into an amended agreement for a further term of three years, commencing November 2019.
Under this agreement, the Tasmanian Government provides $50,000 per annum for the activities of the TLRI, with the University of Tasmania Faculty of Law providing in-kind support for staffing, amenities and funding administration. Grants for specific projects are also provided from sources such as the Solicitors’ Guarantee Fund (SGF), in addition to the Law Foundation and the MAIB Injury Prevention and Management Foundation.
It is important to note that the principal purpose of the SGF is to compensate clients who suffer losses due to the misbehaviour of their lawyer. If the SGF is in surplus (which occurs when the balance is in excess of $11 million), the Minister for Justice may invite Tasmania Legal Aid, the Law Society of Tasmania and other legal assistance bodies to make applications for grants from the Fund.
The recurrent trend of low interest rates (exacerbated by the impact of COVID-19) has had a significant effect on the balance of the SGF, meaning that there is not currently a surplus available to disburse as grants.
Therefore, due to this lack of SGF surplus and given the pressures on the legal assistance sector due to the COVID-19, our Government committed $8.8 million over four years in the 2021-22 Budget to fund grants to organisations in the legal assistance sector. Expressions of interest for funding from this source have been received and are currently under consideration.
Answer (2): I am aware that the University of Tasmania is currently seeking to undertake a review of the TLRI to consider and make recommendations about the structure, governance and funding as the state’s peak law reform body.
I understand that the objective of the review is to ensure the continuing success and sustainability of the Institute.
The Department of Justice are actively engaged in this process, including providing input as appropriate into the draft terms of reference for the review, and I look forward to being afforded the opportunity to have input into the review in due course.
See more of Meg’s Questions to Parliament.
