Our democracy depends on legal aid

Public trust in democratic institutions is shaped by people’s direct experiences with government systems and services. When those interactions feel fair, accessible, and effective, confidence in democracy strengthens; when they don’t, trust erodes.

2025 McKinnon Index, Detailed Findings

The inaugural McKinnon Index¹ released last month, reveals that “more than three-quarters of Australians value democracy in principle, yet just over half are satisfied with how it works in practice.” These results are a canary in a coal mine, signaling that our democracy is under pressure. They also hold a crucial key to reinvigorating trust in government and improving the health of our democracy.

The McKinnon Index is the first national tool to track the health of our democracy. Based on a nationwide survey of over 4,400 Australians and international benchmarks, it measures trust in government and leaders, the effectiveness of public sector service delivery, democratic behaviours and the performance of our democratic institutions.

The rule of law and equality before the law are well-established fundamental democratic principles. The principle of equality before the law is hollow, however, without meaningful access to legal advice and where needed, representation. Formal equality is ineffective if socio-economic barriers exclude people from having a voice, asserting their rights and defending themselves. This is reflected in the McKinnon Index report finding that “government services must be accessible, equitable, and responsive, particularly for vulnerable populations.”

The OECD Framework for People-Centered Justice² expands upon these well-established tenants of the rule of law and equality before the law, stressing that “effective and efficient justice systems and access to justice are crucial pieces of the institutional foundations underpinning inclusive economic growth, sound democracies, and a thriving investment climate.”³ This framework also emphasises that “[j]ustice helps to protect the social contract, uphold the rule of law and foster citizens’ trust in public institutions.”⁴

In short: ensuring access to legal assistance that enables everyone’s effective participation in the legal system is how we translate democratic ideals into lived experience – how we bridge the gap between principle and practice.

Legal aid: an essential safety net

Legal Aid Commissions, including Legal Aid NSW, are the largest providers of legal assistance services in Australia. In NSW, we operate in every local court, every Family Court registry, and we are embedded in communities across NSW providing essential advice and legal representation to people who need these services the most.

Like Medicare and public hospitals, legal aid is a safety net: there for people when life unravels, delivered at scale, and across the country. We are there for people facing criminal charges, experiencing domestic and family violence, navigating family breakdown, or being treated unfairly. Providing access to legal assistance for those who are at most disadvantage, and for those who are experiencing barriers such as cost, is essential and necessary so that all members of our community can enforce and protect their fundamental legal rights.

Demand is surging and the system is strained

Demand for legal aid is at record highs. Legal Aid NSW delivered 570,000 services in 2024–25 and we are struggling to keep up. Only 8 per cent of Australians qualify for a grant of legal aid, even though 13 per cent live below the poverty line. As the cost of living grows, fewer people can afford a lawyer. The number of people in our community living in circumstances of extreme disadvantage is growing.⁵ In NSW, 1 in 7 people live in poverty and 13.4 per cent of NSW residents live below the poverty line. A quarter of people living in poverty are children.⁶

Research shows that there is a gap between the legal assistance services that are available and what is required to meet the everyday legal and justice needs of the community.⁷

There is also a large and quantified gap between funding allocated to legal aid commissions and the identified legal need in the community.⁸

Investment pays dividends

Enabling access to legal aid saves the government money and reduces pressure on the justice system. Assisting people to understand and assert their rights, address problems before they escalate, resolve disputes efficiently, benefit from regulatory protections and even prevent justice problems is more efficient and cost effective for the individuals involved and the government more broadly. Legal empowerment supports and strengthens the justice system by reducing demand and increasing the efficiency of justice institutions such as courts.

Access to justice isn’t just a legal issue – it’s a democracy issue.

Democracy is not guaranteed in perpetuity – it needs to be actively safeguarded and sustained. The continued robustness of our democracy requires investment in the institutions and services that it is built upon.

Monique Hitter is Chief Executive Officer of Legal Aid NSW.

¹ 2025 McKinnon Index, McKinnon https://mckinnon.co/index

² OECD (2021), OECD Framework and Good Practice Principles for People-Centred Justice, OECD Publishing, Paris, http:doi.org/10.1787/cdc3bde7-en, p.3.

³ OECD (2021), OECD Framework and Good Practice Principles for People-Centred Justice, OECD Publishing, Paris, http:doi.org/10.1787/cdc3bde7-en, p.3.

⁴ OECD (2021), OECD Framework and Good Practice Principles for People-Centred Justice, OECD Publishing, Paris, http:doi.org/10.1787/cdc3bde7-en, p.3

⁵ Davidson, P & Bradbury, B(2025) Poverty in Australia 2025: Overview Australian Council of Social Service (ACOSS) and UNSW Sydney,p.9

⁶ NCOSS, The facts about poverty in NSW, online: The facts about poverty in NSW – NCOSS

⁷ OECD (2021), OECD Framework and Good Practice Principles for People-Centred Justice, OECD Publishing, Paris, http:doi.org/10.1787/cdc3bde7-en, p.3/