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Monday, 27 February 2012
Page: 924

Attorney-General's: Legal Aid

(Question No. 1275 supplementary)

Senator Abetz asked the Minister representing the Attorney-General, upon notice, on 18 August 2011:

With reference to the answer to question on notice no. 1011 (Senate Hansard, 11 October 2011, p. 106), how much has been paid by way of legal aid in the pursuit of the cases.

Have any detainees or former detainees at immigration detention facilities initiated legal action against the Commonwealth for illegal detention: if so:

   (a) how many;

   (b) how many claims have been: (i) settled, or (ii) contested in court, by the Commonwealth;

   (c) what has been the: (i) average, and (ii) total cost of settling these claims to date;

   (d) which law firms, centres or practitioners have acted for such claimants;

   (e) how many claimants has each firm, centre or practitioner represented; and

   (f) has any firm, centre or practitioner been in receipt of funding from the Commonwealth for acting on behalf of detainees or former detainees; if so, in each case, how much was the funding].

Senator Ludwig: The Attorney-General has provided the following answer to the honourable senator ' s question:

Further to the interim answer tabled on 22 November 2011, the Attorney-General's Department has obtained additional information on services provided by legal aid commissions.

Legal Aid New South Wales has reported that for the relevant period costs and disbursements recovered by Legal Aid NSW were $218,006.

Victoria Legal Aid (VLA) has confirmed that it is assisting four former child detainees at immigration detention facilities in actions against the Commonwealth for illegal detention. VLA advises that it would not be appropriate to disclose information about costs at this point in time as it may have a bearing on the outcome; including VLA's ability to recover some or all of its costs from the Commonwealth.

VLA does not anticipate that it will usually or frequently fund claims for compensation by immigration detainees.