Tuesday, 19 May 2026
Justice System Investment is Welcome but Legal Aid Must Not Be Left Behind
Earlier today, the ACT Government announced that the next Territory budget will include an $18.9 million funding injection for the Office of the Director of Public Prosecutions (ODPP).
The funding will reportedly support 24 new and permanent positions at the ODPP.
The ACT Bar and the ACT Law Society welcomes this investment, which comes at a time of significant pressure across the justice system. A well functioning prosecution service is an essential part of maintaining community safety and confidence in the justice system.
However, the ACT Bar and Law Society have grave concerns about the absence of any announcement as to a corresponding increase in funding for Legal Aid ACT. This poses a significant risk to the overall equity and sustainability of justice system funding in the Territory.
Legal Aid ACT continues to operate under sustained demand pressures, providing critical legal assistance to some of the ACT’s most vulnerable residents. The ACT Bar emphasises that access to legal representation is a fundamental component of a fair justice system. Legal Aid ACT plays a vital role in ensuring that accused persons, particularly those experiencing vulnerability or disadvantage, can properly exercise their legal rights and receive a fair hearing.
ACT Bar Association President Prue Bindon said th
at the disparity in funding risks undermining the proper functioning of the ACT justice system as a whole.
“While we welcome all investment in the justice system, including the recent budget announcement for the ODPP, Legal Aid ACT will be unable to meet demand under persistent funding constraints, and it is hard to see how this will not worsen in light of the prosecutorial arm being strengthened,” Ms Bindon said.
“A fair and properly functioning justice system requires that both the prosecution and defence arms are adequately resourced. We are gravely concerned the balance is not being met.”
Ms Bindon highlighted that the Federal Budget announced last week delivered no meaningful assistance for the legal aid sector. The ACT Bar wholly endorses the comments of Tania Wolff, President of the Law Council of Australia, who stated in response to the Federal Government’s limited justice announcements:
“The profession has been striving to assist for many years, but it cannot run on empty. Members of the profession delivering legal aid are having to walk away from the system. The legal aid burden has for too long sat on the shoulders of local practitioners dedicated to helping their community, who are being paid a pittance for their efforts. This is not sustainable and it is not acceptable.”
ACT Law Society President Vik Sundar stated that while this additional funding is welcome, it is critical that investment keeps pace across the entire justice system.
“Strengthening the DPP without corresponding support for Legal Aid ACT risks increasing the number of unrepresented accused, prolonging proceedings, and compounding delays”
While the ACT Bar and The Society supports the funding provided to the ODPP, it strongly urges the ACT Government to ensure that proper provision is also made in the upcoming Territory budget to ensure that Legal Aid ACT can continue to deliver its essential services. Without such action, the integrity and fairness of the justice system will be compromised. That, in turn, will undermine the public’s confidence that accused people are truly receiving a fair trial, that those found guilty of offences are in fact guilty, and that the sentences imposed upon them are justifiable and deserved.
Vik Sundar & Prue Bindon
ACT Law Society President & ACT Bar Council President