Law Council calls for election commitments that prioritise access to justice for all

The Law Council’s 2025 Federal Election Call to Parties outlines a series of recommendations aimed at building a fairer and more just society. President of the Law Council, Juliana Warner, emphasised the critical need for election commitments that uphold legal principles and support the administration of justice, during a time of global challenges to the rule of law and a growing domestic focus on law and order.

A central focus of the Council’s appeal is the urgent need for increased funding for legal assistance services. Warner highlighted the strain on these services, which are vital for Australians navigating complex legal issues such as family law disputes, employment rights, and criminal charges.

“The Law Council is seeking a commitment from candidates to improve access to justice for all Australians by providing vital, and long overdue, funding for legal assistance services,” Warner stated, drawing particular attention to the sustainability of legal aid grants for private practitioners, who handle a significant portion of legal aid cases.

“Around 72 per cent of legal aid approved matters – more than 100,000 cases – are provided by private practitioners, the majority of whom are working in very small businesses,” Warner explained. “But these lawyers and small businesses are at breaking point, and many are considering walking away from legal aid work unless rates are raised to more sustainable levels.”

The rising level of unmet legal need is disproportionately affecting vulnerable populations, including children, First Nations people, people with disabilities, and older Australians, particularly those in rural, regional, and remote areas. To address this, the Law Council proposes a HELP debt relief incentive to attract more lawyers to underserved regions, a recommendation that also featured in the National Legal Assistance Partnership review and supported by the Law Society of NSW last year.

Beyond funding, the Council’s recommendations include significant criminal justice reforms, such as raising the minimum age of criminal responsibility to 14 and repealing mandatory minimum imprisonment provisions. They also advocate for stronger protections for victims of family violence, the establishment of a Federal Judicial Commission, privacy reforms, and a federal Human Rights Act.

The Council has also emphasised the importance of robust and transparent consultation in the lawmaking process. “Good lawmaking depends on robust and transparent consultation processes,” Warner stressed. “The Law Council is concerned that legislative reform processes are increasingly rushed and lack transparency or public scrutiny. This impacts the efficacy, accuracy and appropriateness of potential reforms. It also undermines the participation of civil society and may erode democratic culture and decision making.”

The Law Council will seek formal responses from all parties and independent candidates on their recommendations, which will be shared to the profession and the public.

Read the Law Council’s Call to Parties document here.