Fiji Legal Aid Commission Strategic Plan 2016-2020

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Lega L a id Commission s trategi C P L an 2016-2020

“Promoting Greater Access to Justice for all Fijians”

LegaL aid Commission strategiC PLan | 2016-2020 “Promoting Greater Access to Justice for all Fijians” 1 Lega L a id Commission s trategi C P L an 2016-2020 “Promoting Greater Access to Justice for all Fijians”
LegaL aid Commission strategiC PLan | 2016-2020 “Promoting Greater Access to Justice for all Fijians” 2 Introduct I on

r ole and funct I on of the l egal aI d c omm I ss I on

United nations Principles and guidelines for best practices in respect of legal aid and the Un sustainable development goals 5 and 16

The United Nations Principles and Guidelines on Access to Justice in Criminal Justice Systems provide that legal aid is a foundational right for access to justice,1 and should be accessible at all stages of the criminal justice process2 and in all matters involving vulnerable groups such as women, children and rural people,3 and non-discriminatory;4 sustainable in that legal aid is funded by the state;5 affordable in that use is made of all resources by engaging in partnerships with law clinics, paralegals and NGOs;6 credible because legal aid providers have their independence guaranteed7 and are properly trained;8 and accountable in that complaints against legal aid providers are dealt with promptly.9 In addition public legal aware awareness should be conducted to make people aware of their rights. These criteria are also evident in Sustainable Development Goals 5 and 16. The Legal Aid Commission operates in line with the United Nations Principles and Guidelines and the Strategic Plan is consistent with them.

The principles in UN Principles and Guidelines can also be applied to civil and family cases and the current operations of the Legal Aid Commission and its Strategic Plan makes provision for these in accordance with best practices.

Constitutional recognition of Legal aid and Legal aid act, 1996

Although the Legal Aid Commission began from humble beginnings in Suva in July 1998, it has a proud history and was eventually recognized by the Constitution of the Republic of Fiji in 2013 which requires those who cannot afford legal services to be assisted under the Legal Aid scheme. 10

The role and function of the Legal Aid Commission (the Commission) is governed by the Legal Aid Act, 1996.

The Legal Aid Act11 gives the Commission very broad discretion regarding how it wishes to operate, for instance, it may employ both private lawyers and its own salaried lawyers.12 Likewise, it has broad discretion regarding how to decide who should receive legal aid and the terms and conditions that should apply to legal aid applicants.13

The Legal Aid Act establishes the constitution of the Commission which consists of the Solicitor-General who is Chair of the Board, the Chief Registrar, three senior legal practitioners of 10 years post-admission experience, and two persons who are not legal practitioners or public servants.14

1 UN Principles and Guidelines Principle 1.

2 Principles 3 and 7.

3 Principles 10 and 11.

4 Principle 6.

5 Principle 2.

6 Principle 14.

7 Principle 12.

8 Principle 13.

9 Principle 13.

10 Constitution of the Republic of Fiji 2013 sections 13, 14, 15 and 118.

11 Legal Aid Act No. 10 of 1996.

12 Section 7(1), 11 and 12.

13 Sections 7(2) and (3), 8, 9 and 10.

14 Legal Aid Act No. 10 of 1996.

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Legal aid Policy guidelines

The Legal Aid Policy Guidelines have been developed in terms of the Legal Aid Act15 and are very flexible in that legal aid may still be granted outside of their provisions. The Guidelines are aimed at ‘assisting as many impoverished persons as possible’ and apply to both citizens and foreign nationals. The Guidelines state that legal aid may be given in respect of criminal law, family law and limited categories of civil law - mainly for wills and estates.

The means test is set at a net annual income or earnings of FJD$15 000 (and may be increased to FJD$16 000) and is flexible for juveniles, remand and convicted prisoners. A person’s assets will also be considered when determining eligibility.

Apart from the Guidelines the Commission applies the principle that no person should ever be turned away or referred to another agency or NGO without being assisted.

role of the Legal aid Commission in the administration of justice

The Commission plays an essential role in the administration of justice as it underpins the rule of law by ensuring that accused persons and litigants receive a fair trial by providing ‘equality of arms’ for people who cannot afford legal services and marginalized people in Fiji. This is recognized by the Government of Fiji which provides the Commission with a legal aid budget commensurate the growing demand for legal aid services and allows the Commission to independently control its budget.

delivery of legal services by the Legal aid Commission

The Commission delivers legal aid services primarily by using its in-house legal aid lawyers. Where however there is a conflict of interest the Commission uses brief-out private lawyers. The Commission has 16 offices operational (two opened 29 August 2016) and intends to expand this to 18 by the end of 2016, and to 20 by the end of 2017.

• Legal aid advisory cases

During 2015 the Commission gave advice in 16 813 cases, of which were 6 841 in family law, 3 198 in criminal cases and 7 164 civil law cases. During the period 1 January to 31 August 2016 the Commission gave advice in 10 990, of which 4 329 in family law, 1 766 in criminal and 4 895 civil law cases.

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15 Section 8(1).

• Applications for legal aid

During 1 January – 31 December 2015 the Commission received a total of 12 301 applications (8 115 male, 4 185 female) for legal aid, of which only 30 did not meet the criteria for eligibility. Of the applications, 3 744 were family law cases (1 509 male and 2 235 female), of which 8 failed the means test; 7 041 criminal cases (5 812 male, 1 229 female and 211 juvenile), of which 8 failed the means test; and 1 516 civil cases (795 male and 721 female), of which 6 failed the means test and 5 were refused on merit.

During 1 January – 31 August 2015 the Commission received a total of 8 494 applications (5 382 male, 3 010 female and 102 juvenile) for legal aid, of which only 153 did not meet the criteria for eligibility. Of the applications, 2 473 were family law cases (932 male and 1 539 female and 2 juveniles), of which 6 failed the means test; 4 529 criminal cases (3 644 male, 785 female and 100 juvenile), of which 12 failed the means test; and 1 492 civil cases (806 male and 686 female), of which 19 failed the means test and 116 were refused on merit.

• Legal aid representation

During 1 January – 31 December 2015 the Commission represented 13 501 (8 829 males, 4 672 females) legal aid clients in court. Of these, 4 259 were in family law cases; 7 696 in criminal cases and in 1 546 civil cases. Of the total of 13 501 cases represented by the Commission and 1 232 were briefed out to private lawyers. On average the cost of brief out lawyers is almost four times that of the cost of Legal Aid Commission lawyers.16

During 1 January – 31 August 2016 the Commission represented 9 670 (6 261 males, 3 409 females) legal aid clients in court. Of these, 2 849 were in family law cases; 5 282 in criminal cases and in 1 539 civil cases. Of the total of 9 670 cases represented by the Commission and 641 were briefed out to private lawyers.

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16 During 2015 488 briefed out cases were closed at an average cost of FJD$470.99. Cases represented by the Commission cost an average of FJD$123.48 per case

• New legal aid case files opened

During 1 January – 31 December 2015 the Commission opened 9 998 new legal aid case files (2 828 family law, 5 863 criminal and 1 307 civil) in the following offices: Suva 2 491; Nausori 880; Nadi 958; Lautoka 1 032; Ba 533; Rakiraki 251; Labasa 933; Sigatoka 383; Navua 287; Savusavu 317; Nasinu 1 385; Tavua 420 and Korovou 128.

During 1 January – 31 August 2015 the Commission opened 9 234 new legal aid case files (2 629 family law, 4 804 criminal and 1 801 civil) in the following offices: Suva 2 246; Nausori 766; Nadi 965; Lautoka 891; Ba 488; Rakiraki 471; Labasa 583; Sigatoka 295; Navua 504; Savusavu 225; Nasinu 1 426; Tavua 374 and Korovou 0.

• Legal awareness workshops

During 1 January – 31 December 2015 the Commission’s legal officers conducted 60 legal awareness sessions in different parts of the country. During 1 January – 31 August 2016 the Commission’s legal officers conducted 73 legal awareness sessions in different parts of the country.

• Staffing

The Commission has establishment for 160 positions, 82 Lawyers and 78 Corporate Staff. As at 31 August 2016 there are 125 staff (43 males and 82 females) and recruitments are being undertaken. (Refer Organisation Chart).

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Funding of the Legal aid Commission

The Commission is funded by the Government of Fiji and any shortfall is met from the Legal Aid Trust Fund. In 2015 the Government provided FJD 4 400 000 and FJD 416 548 was met by the Trust Fund.

In 2016 the Government of Fiji financial periods changed for the financial year to be from 1 August to 31 July. For the period 1 January 2016 to 31 July 2016 the Budget allocated for the Commission was FJD 2.9 million. The Budget allocated for the Commission for the period 1 August 2016 to 31 July 2017 is FJD 5 million. This funding is equivalent of approximately FJD 6 per capita for Fiji’s 900 000 people and is probably one of the most generous in the developing world. The increased Budget takes into account the need to meet the rising requests for legal aid across Fiji after the abolition of the merits test and the concomitant opening of new offices.

Strategic intent of five year plan

The purpose of the five year Strategic Plan is to provide the Commission with a planning framework for the next five years so that it can more effectively fulfill its mandate of providing legal aid services to those who cannot afford legal services in Fiji.

The Legal Aid Commission’s Strategic Plan for 2016-2020 will inform the Legal Aid Commission’s Annual Business Plans which will be in line with the Annual Corporate Plan of the Ministry of Justice. The planning process includes the needs of stakeholders in the administration of justice as well as detained and accused persons, victims of crimes, litigants and the people of Fiji, particularly women and children.

The Strategic Plan is in line with the Fiji Roadmap for Democracy and Sustainable Socio-economic Development 2010-2014 and the Fiji Government’s Women’s Plan of Action 2010-2019, and will be informed by the Commission Functional Review and will result in Annual Corporate Plans for the period 2016-2020.

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s W ot a nalys I s of access I b I l I ty, cred I b I l I ty, affordab I l I ty, susta I nab I l I ty and accountab I l I ty of legal a I d I n fI j I

a ccess I b I l I ty

Strengths

With its existing offices and increased Government funding the Commission has been able to meet the growing demand for legal aid services in other areas of law and to provide greater access to justice by establishing additional offices where needed.

Weaknesses

Infrastructure and other challenges make it difficult to provide legal aid services, including public legal awareness, in the remote areas. Another challenge is obtaining and providing ‘first hour contact’ with arrested and detained persons.

Opportunities

The Commission should work in partnership with other stakeholders to provide and expand access to justice, including provision for ‘first hour contact’ with arrested and detained persons.

Threats

Demand for legal aid services may overwhelm the institutional and technical capacity and resources of the Commission to provide the necessary services, which demand may be aggravated if other relevant stakeholders do not play their role in providing access to justice.

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Strengths

Staff are appointed and promoted on merit. The Commission is recognized by the Constitution and operates independently.

Weaknesses

Occasionally people perceive the Commission as not independent of government and will not competently conduct cases against the Government. There is no data available on public perceptions of the Commission. As the merits test has been abolished some clients insist on the Commission representing them in unmeritorious cases and complain about legal aid lawyers when the decision is not in their favor.

Opportunities

Court officials, judicial officers and other stakeholders should be made aware of the importance of not referring to legal aid lawyers as ‘government lawyers’. The merits test should be considered by the Legal Aid Board for reinstatement to be applied on a case-bycase basis. The Commission should undertake a survey of public perceptions and undertake a strategy to improve those perceptions through public legal awareness programmes and hosting a national legal aid conference.

Threats

If court officials, judicial officers and other stakeholders continue to refer to legal aid lawyers as ‘government lawyers’ the Commission will continue to be perceived as not independent of government. The failure to reinstate the merits test will continue to waste the court’s time and the Commission’s resources on unmeritorious cases and adverse comments that the Commission’s lawyers are not competent.

9 c red
l I ty
I b I

Strengths

The Commission does not duplicate the work of other service providers and has a strong in-house capability in all relevant areas of practice. New offices are established on the basis of need not wants. Non-government Board members are not paid salaries but rather sitting allowances. Measures are in place to control costs effectively and ensure funds allocated by government are spent in accordance with the approved budget. Brief-out lawyers are paid reasonable rates determined by the Commission.

Weaknesses

The lack of a pro bono culture results in extra costs in the provision of legal aid services. Legal aid clients in civil cases who are awarded costs are not required to cede such costs to the Commission. The Commission does not levy a percentage for collection costs when damages are awarded to legal aid clients. The current IT infrastructure, case management and administrative systems are not cost effective, too slow and need to be updated. Lack of library resources inhibits the research capacity of legal aid lawyers and administrative staff.

Opportunities

Legal practitioners should be required to assist the Legal Aid Commission by accepting brief-out cases and undertaking pro bono work referred by the Commission. The Legal Practice Unit should be able to refuse to issue an annual practicing certificate for those lawyers who have not produced a certificate from the Commission stating that they have complied with the above requirements. The Independent Legal Services Commission (ILSC) should consider imposing a sanction that requires a practitioner to undertake a certain number of cases pro bono for the Legal Aid Commission in cases where such practitioner has been found guilty of misconduct by the ILSC. In accordance with best practice awards of costs in favor of successful legal aid clients in civil matters should be ceded to the Commission, and the Commission should be able to recover a commission on damages awarded to civil legal aid clients. An updated IT system and Library should be established for the Commission.

Threats

Government may reduce funding if it has to introduce Budget cuts and this may reduce the ability of the Commission to carry out its obligations under the Constitution. Legal practitioners may not be required to undertake a certain amount of work for the Commission annually or a pro bono requirement may not be introduced which may undermine the ability of the Commission to meet the rising demand for legal aid services. Clients may make false statements about their means and lawyers may take on too many cases without merit.

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Strengths

The Government adequately funds the Commission in terms of its Constitutional obligations. The Commission may draw on the Legal Aid Trust Fund for any extra funding needed. In addition development partners such as UNDP and the EU are providing support to the Commission.

Weaknesses

The Government grant is paid quarterly and if it is not paid on time the Commission may run out of funds and the Legal Aid Trust Fund has to be used for bridging finance. The Commission has not yet explored the potential support it may receive from other development partners. No formal agreement exists between other stakeholders such as NGOs and universities that have the potential to support the work of the Commission.

Opportunities

Additional development partners may be prepared to supplement Government funding for some of the Commission’s activities. The Commission should enter into formal agreements with other stakeholders such as NGOs and the universities.

Threats

There may not be enough suitably qualified staff attracted to legal aid work and committed to providing access to justice. The current heavy workload of legal aid staff may cause them to reduce their productivity and may eventually lead to them resigning from the Commission. If staff members are not adequately remunerated they may leave the Commission.

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Strengths

Staff are constantly reminded of the Commission’s policies regarding the use of resources and can be disciplined for breaches thereof. Ministry of Finance internal auditors conduct quarterly checks to ensure that finances and resources are used properly. Senior management members are accountable to the Board and the Board is accountable to the Public Accounts Committee and the Minister of Justice. Legal aid lawyers are accountable to both the Commission and the disciplinary rules of the legal profession. Officers in charge of managing offices outside Suva are accountable to Head Office. Brief-out cases are verified by Commission staff before payments are made. Complaints against staff are referred to the Board or Chair of the Board. The Board or Management of the Commission may visit and conduct audits unannounced at legal aid offices. An external independent auditor audits the Commission’s Legal Aid Trust Account. The Auditor General has the right to inspect and audit all Legal Aid case files to ensure that there is compliance with financial regulations.

Weaknesses

No Annual Report was published for 2014 or 2015 so it is difficult for people to get information about the Commission’s work outside of the Commission itself. The Finance Manual has not yet been approved by the Board and has not yet been used for induction and training purposes. The Finance Department is understaffed because there are only four members of staff in the Department at Head Office which prevents such staff from effectively monitoring and auditing the operations of the Commission. The Human Resources Policy and Procedures Manual has also not been approved by the Board and the Administration Department is also understaffed which undermines the effectiveness of administration in the Commission. There is no Justice Stakeholders’ Forum where all the stakeholders in the administration of criminal justice such as the police, prosecutors, judicial officers, prison officials and the Commission meet to discuss matters of mutual interest to promote access to justice.

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Opportunities

An independent accounting firm should be employed to verify that the Commission’s financial management is in line with best international practice. The Finance and Human Resources Manuals should be updated and approved by the Board, and regular staff training development programmes should be conducted. Annual reports should be widely published so that the public and media are aware of the Commission’s activities. A national staff forum should be held to encourage feedback from staff and to give them awards for good works. The Commission should take the initiative to promote the establishment of a Justice Stakeholders’ Forum where all the stakeholders in the administration of criminal justice such as the police, prosecutors, judicial officers, prison officials and the Commission meet to discuss matters of mutual interest to promote access to justice.

Threats

Some staff members may fail to observe the checks and balances regarding accountability in the Commission if there are staff shortages in the Finance and Administration departments. If the Finance and Human Resources Manuals are not approved by the Board and staff are not provided with induction and regular training programmes it will undermine accountability by staff members. Delays in dealing with complaints and disciplinary matters by the Board or Senior Management may lead to a reduction in accountability.

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To

LegaL aid Commission strategiC PLan | 2016-2020 “Promoting Greater Access to Justice for all Fijians” 14 V
I s I on
provide access to justice through professional, efficient and quality legal aid services.

mI ss I on

To provide greater access to justice through quality legal aid services:

To those who are unable to afford such assistance, including women, children and those with special needs;

By raising awareness on legal rights and the Constitutional right of access to legal aid services;

By creating a work environment whereby the Legal Aid Commission becomes an employer of choice and provides professional, efficient and quality services.

By making representations to Government on legal aid matters.

By ensuring that the Legal Aid Commission operates in accordance with best international practice.

Values

The Legal Aid Commission is committed to:

Client focus and quality service delivery

Good governance and professionalism

Staff development

Effective finance and resources management

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s trateg I es

c l I ent focus and ser VI ce del IV ery

Goals and objectives

Making legal aid accessible, credible, affordable, sustainable and accountable for clients with the following goals and objectives by:

• Ensuring that the Legal Aid Commission provides an effective, professional and responsive service to legal aid clients, including ‘first hour contact’ for arrested and detained persons.

• Creating an efficient management system so that legal aid cases and their administration may be effectively managed.

• Ensuring that legal aid staff deal with client’s cases as timeously as possible.

• Installing a toll-free helpline that is accessible to the public.

• Amending the Policy Guidelines to take into account civil cases and new areas of the law.

• Establishing sufficient legal aid offices and outreach programmes.

• Ensuring that the public perceive the Commission as Independent, professional, efficient and providing quality legal aid services.

• Making the Legal Aid Commission accountable and transparent to the public by publishing an annual report.

• Working in partnership with other stakeholders

• Strengthening the brief-out system by introducing an ethical rule compelling legal practitioners to accept brief-outs from the Commission and to engage in pro bono work for the Commission.

Key activities

• ‘A first hour contact’ system which was established and piloted in Suva from November 2016 for arrested and detained persons in accordance with best international practice to be extended for another term at the expiry of the pilot period in April 2017.

• An efficient case management system is identified and installed to enable quick access to client’s files by the end of 2018.

• Adequate staff are recruited to meet the increasing demand and to ensure timely delivery of legal aid services - ongoing.

• An appropriate toll-free legal aid helpline programme is identified and operational by the mid 2017.

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• Staff are trained to deliver legal aid in all relevant areas of legal practice - ongoing.

• The Policy Guidelines are amended to allow civil law cases to be approved by Director of Legal Aid or his or her designate by end of 2017.

• One new office and outreach programmes operational in Seaqaqua by the end of 2016, and four offices and outreach programmes operational in Kadavu and Rotuma and Keyasi and Vunidawa by the end of 2017.

• An Access to Justice Assessment is conducted which includes public perceptions and those of other stakeholders regarding legal aid by the March of 2017.

• An annual report and pamphlets are published widely so that the public and stakeholders are aware of the independence of the Commission and its activities and services – ongoing.

• Formal agreements are entered into with stakeholders such as NGOs, universities and others, and annual legal aid stakeholders meetings are held, with the first meeting emphasizing the independence of the Commission and that legal aid lawyers should not be referred to as ‘government lawyers’ – ongoing .

• By the end of 2017, the Commission approaches the Legal Practitioners Unit to introduce a provision that strengthens the brief-out system by establishing a condition that legal practitioners will not have their practice certificates renewed unless they prove that they have accepted a certain number of brief-outs from the Commission and to engage in a certain amount of pro bono work for the Commission and validated by the Commission.

Measure of achievement

The achievement of the goal and objective of a client focus and qualify service delivery approach will be measured by a range of indicators including quality of case management system, availability of free legal assistance for impoverished and vulnerable groups, satisfaction of callers to the toll-free legal aid helpline and number of people indicating increased understanding and awareness of their rights as a result of awareness outreach programmes.

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g ood go V ernance and profess I onal I sm

Goals and objectives

The Legal Aid Commission shall practice good governance and professionalism in the conduct of its duties in a transparent manner by:

• Ensuring that all members of staff are accountable for their actions.

• Reviewing the Code of Conduct in the Human Resources Manual to ensure ethical practice by all staff members.

• Ensuring that improved internal auditing and monitoring systems are in line with best international practice.

• Ensuring that a proper Succession Plan is in place to replace staff members who leave the Commission.

• Reviewing the Legal Aid Policy Guidelines in line with the 20162020 Strategic Plan and Functional Review and submitting them to the Board.

• Reviewing the Legal Aid Policy Guidelines in accordance with best practice to allow awards of costs in favor of successful legal aid clients in civil matters to be ceded to the Commission, and to enable the Commission to recover a certain percentage commission on the damages awarded to civil legal aid clients.

• Reinstating the merits test to be applied on a case-by-case basis.

• Compiling a comprehensive Legal Aid Guide that includes all the relevant legal aid documents such as the Legal Aid Act, the Policy Guidelines, Standard Operating Procedures, Code of Conduct, Briefing-out procedures etc.

• Ensuring that the Commission operates in line with international best practice and can interact reciprocally with foreign legal aid agencies.

• Holding an annual Legal Aid Conference in order to provide legal practitioners with continuing legal education points.

• Working in partnership with development partners to obtain support for access to justice.

• Promoting the establishment of a Justice Stakeholders’ Forum where all the stakeholders in the administration of criminal justice such as the police, prosecutors, judicial officers, prison officials and the Commission meet to discuss matters of mutual interest to promote access to justice.

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Key activities

• The Board approves the revised Draft Finance and Human Resources Policy and Procedures Manual which provides guidance for accountability of staff regarding their professional responsibilities by the end of March 2017.

• The reviewed Code of Conduct is included in the Draft Human Resources Manual sent to the Board for approval and publicized by the end of March 2017.

• Internal auditing and monitoring systems for the Commission in line with best international practice are identified and installed by the end of June 2017.

• The Succession Plan in the Draft Human Resources Manual is reviewed and is approved by the Board by the end of March 2017.

• The Legal Aid Policy Guidelines amended in line with the 20162020 Strategic Plan and Functional Review are submitted to the Board for approval by the end of 2017.

• The Legal Aid Policy Guidelines are amended in accordance with best practice to allow awards of costs in favor of successful legal aid clients in civil matters to be ceded to the Commission, and enable the Commission to recover a certain percentage commission on the damages awarded to civil legal aid clients, by the end of 2017.

• Requesting the Board to reinstate the merits test to be applied on a case-by-case basis by the end of 2017.

• A comprehensive Legal Aid Guide is compiled by the end of 2017.

• The Commission begins to engage in Study Visits and hosts an International Legal Aid Conference for the South Pacific by the end of 2018.

• Partnerships are entered into with development partners to support and promote access to justice - ongoing.

• The Commission or another stakeholders’ convenes a Justice Stakeholders’ Forum where all the stakeholders in the administration of criminal justice such as the police, prosecutors, judicial officers, prison officials and the Commission meet to discuss matters of mutual interest to promote access to justice, by the mid-2017.

Measure of achievement

The measure of achievement for good governance and professionalism will be by an independent assessment to determine the total number and what percentage of the administrative structures, procedures and governance are in line with best international practice to be conducted at the commencement, mid-term and end of the Strategic Planning period.

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s taff de V elopment

Goals and objectives

The Legal Aid Commission shall develop its staff in an environment that makes the Commission an employer of choice by:

• Increasing human resources and professional development in new areas of law, including encouraging further studies, capacity building and overseas training.

• Securing a sufficient budget to ensure that the high demand for legal services can be met without subjecting the staff to undue workloads.

• Ensuring that the vacant staff positions are filled to meet the increasing demand for legal aid services.

• Commissioning an independent survey and analysis for consideration by the Board to ensure that staff receive competitive salaries.

• Including in the Human Resources Manual a system whereby the Board can create career paths for promotion purposes without advertising externally.

• Ensuring that staff have been trained to present public legal awareness workshops effectively.

Key activities

• Both support and professional staff are given continued training and encouraged to further their studies, and some are sent for overseas training and study visits - ongoing.

• A sufficient budget is secured to ensure that the high demand for legal services can be met without subjecting the staff to undue workloads – ongoing.

• Vacant staff positions are filled to meet the increasing demand for legal aid services - ongoing.

• By the June of 2017, an independent survey and analysis of comparative salaries is commissioned and presented the Board for consideration to ensure that staff receive competitive salaries.

• By the end of March 2017, the Draft Human Resources Manual is amended and submitted to introduce a system whereby the Board can create career paths for promotion purposes without advertising externally.

• Staff are trained in how to conduct public legal awareness effectively - ongoing.

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e ffect IV e f I nanc I al and resource management

Goals and objectives

The Legal Aid Commission is committed to ensuring that it introduces a financial control system that it is in accordance with best international practice by:

• Ensuring that an effective financial management system is in place.

• Ensuring that the Board of the Commission approves the amended Draft Finance Manual.

• Building a strong and up-to-date reporting, monitoring, evaluation and control system in financial and resource management system.

• Establishing a well-resourced library that is available online and in hard copy which caters for the needs of all staff.

• Constructing or purchasing a building in Suva so that the Commission can offset current rental costs and generate income by letting some of its office space out.

Key activities

• An effective financial management system is identified and operational by the end of 2017.

• An independent accounting firm is employed to verify that the Commission’s financial management system is in line with best international practice by the end of 2018.

• The amended Draft Finance Manual is approved by the Board of the Legal Aid Commission by end of March 2017.

• A strong and up to date reporting, monitoring, evaluation and control system in financial and resource management system is identified and operational by the end of 2017.

• A library that is available online and in hard copy which caters for the needs of all staff is established by the end of 2018.

• By 2020, a building is constructed or purchased by the Commission in Suva in order to offset current rental costs and generate income by letting some of its office space out.

Measure of achievement

The measure of achievement of effective financial and resource management will be the percentage of compliance annually with the financial regulations as audited by the Auditor General and Ministry of Finance for government grant funds and the external auditor of the Legal Aid Trust Fund.

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ARRESTED OR DETAINED? YOU HAVE A RIGHT TO A LAWYER

If you have been arrested or detained you have a right to free legal advice from an independent lawyer

The Legal Aid Commission can provide this free legal advice

Within the first hour of your arrrest or detention, the police are required to contact a lawyer of your choice at your own cost or one will be provided for you for free through the Legal Aid Commission

A lawyer provided through the Legal Aid Commission will then contact or visit you and provide you with free legal advice

While waiting for the lawyer from the Legal Aid Commission you have the right to remain silent

The police should not interview you unless you have obtained legal advice from a lawyer

“Promoting Greater Access to Justice for all Fijians” Contact the Legal Aid Commission for legal assistance on: 331 1195 992 3915 992 3907

proposed 2016 organ I sat I on structure

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proposed 2016 organ I sat I on structure

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organ I sat I onal structure

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professIonal corporate total SUVA 34 24 58 LABASA 7 4 11 LAUTOKA 8 5 13 NAUSORI 4 4 8 NADI 6 4 10 BA 4 3 7 RAKIRAKI 3 3 6 SIGATOKA 3 3 6 NASINU 4 4 8 NABOUWALU 1 2 3 NAVUA 2 3 5 TAVUA 2 3 5 KOROVOU 1 2 3 TAVEUNI 2 3 5 SAVUSAVU 1 2 3 ROTUMA 1 2 3 KADAVU 1 2 3 LEVUKA 1 2 3 total Professional staff 85 total Corporate staff 75 totaL staFF 160 t ota L 160
LegaL aid Commission strategiC PLan | 2016-2020 “Promoting Greater Access to Justice for all Fijians” 28 179 E 178 E 179 E 178 E m ap of l egal aI d c omm I ss I on o ff I ces
180 179 W 179 W 180

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Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.