Guiding philosophy and principles

On this page:

• Legal Aid Queensland guiding philosophy
• Legal Aid Queensland guiding principles
  • Criminal law
  • Family law
  • Civil law
  • Access and equity

Legal Aid Queensland guiding philosophy

The relevant 2005/2008 Strategic Plan objectives are:

• To lead advocacy and law reform initiatives for legal services for disadvantaged Queenslanders.
• Engage with government departments and service delivery agencies to develop policies that advance the justice system and legal aid services.
• Participate in research activities to improve services needed by disadvantaged Queenslanders.

One key "guiding philosophy" arises from these objectives which will inform Legal Aid Queensland's approach and actions in law reform and in contributing to the public policy debate:

To be a leader in policy development, advocacy, law reform and research that assists disadvantaged Queenslanders of all cultural backgrounds and diverse needs to gain equitable access to justice.

Legal Aid Queensland guiding principles

Legal Aid Queensland has adopted the following "guiding principles" to underpin its Strategic Policy Framework and Program. These guiding principles are linked to the areas of law in which Legal Aid Queensland offers services but also its commitment to access and equity. They embody the organisation's commitment to meeting its obligations to its clients, stakeholder groups and the community that it serves.

Criminal law

The following six guiding principles inform our approach to criminal law reform and public policy:

1. That all persons entering the criminal justice system have the right to due process and a fair trial.
2. That there is timely and appropriate disposition of criminal law matters which may include access to diversionary or alternative dispute resolution outcomes.
3. That the criminal justice system should be adequately resourced to ensure that defendants are given due process and a timely and fair trial.
4. That we will work in a collaborative and cooperative way with other agencies in the criminal justice system both at a state and federal level.
5. We are committed to reducing the disadvantage that certain groups - such as Indigenous people, young people, the mentally ill, the homeless, the physically and intellectually disabled, the drug affected and prisoners – encounter within the criminal justice system.
6. We are committed to contributing to a balanced and informed debate on criminal law issues.

Family law

The following five guiding principles will inform our approach to family law reform and public policy:

1. That most family relationship issues are best addressed through negotiation and resolution processes.
2. A commitment to playing a key and influential role in the family law system and collaborating with key agencies to advocate for the complex needs of disadvantaged clients.
3. That all clients are entitled to best practice information, advice and representation.
4. That the best interests of a child or young person should be the paramount consideration in decisions made about them.
5. That all people are entitled to be safe and to obtain appropriate protection for their safety under the law.

Civil law

We aim to make legal rights a reality for disadvantaged Queenslanders, particularly where failure to assist would further entrench social exclusion.
Two guiding principles inform our approach to civil law reform and public policy:

1. That laws should provide adequate protection of basic rights.
2. That disadvantaged people must be able to pursue their legal rights.

In our public policy and law reform we will advocate for:

• laws which preserve rights
• fast, fair and accessible forums to determine legal rights
• public funding for legal services for disadvantaged people in proceedings where basic human needs are at stake.

Access and equity

Legal Aid Queensland recognises that certain groups of people are disadvantaged and socially excluded and, as a result experience barriers in their access to legal aid services and thus justice by virtue of their circumstances:

• people living in rural and remote Queensland
• people whose first language is not English
• Aboriginal and Torres Strait Islander people
• women
• people who have a physical or intellectual disability/cognitive impairment
• the mentally ill
• the homeless
• prisoners
• children and young people
• older Queenslanders.

The following three guiding principles will inform our approach to access and equity law reform and public policy:

1. That LAQ's commitment to access and equity means providing a service appropriate to the needs of all clients.
2. That LAQ is responsible and accountable for our client's access to our services and equity in the delivery of those services.
3. That LAQ continues its commitment to researching, understanding and supporting those who are the most disadvantaged people in the legal system.