Ensuring legal services can be

Ensuring legal services can be delivered during COVID-19

The COVID-19 pandemic has thrown up a number of challenges for the legal profession and the Society has been working with Members, the Government and other stakeholders to ensure that they can continue to provide legal services to the public during a time where such services will be required more than ever.

Following advocacy by the Society, the COVID-19 Emergency Response Act 2020 included: • regulation making powers to enable legislative requirements relating to documents to be amended (including preparation, signing, witnessing, attestation, certifi cation, stamping) during the COVID-19 pandemic; • amendments to the requirements around service of documents; and • regulation making powers to enable the extension of statutory time frames.

SIGNING & WITNESSING DOCUMENTS VIA VIDEO CONFERENCE

The Society has written to the Attorney General seeking regulations to provide for the electronic witnessing of documents. This would enable documents such as wills, powers of attorney, deeds, and affi davits to be witnessed using audio-visual link. The Attorney General advised that she would not be making any such regulations at this time. The Society will continue to advocate for these temporary measures. The Society has also written to the Chief Justice seeking arrangements to be put in place with respect to the signing of court documents, as has been done in the Family Court and Federal Circuit Court.

PERSONAL INJURY CLAIMS DURING COVID-19

The COVID-19 pandemic has had signifi cant impacts on personal injury claimants. In the workers compensation space, the Society was concerned for claimants whose matters had stalled due to Return to Work SA temporarily ceasing referrals for whole person impairment assessments. The Society made suggestions as to how delays may be mitigated at this time and raised concerns relating to time limits relating to medical impacts. RTWSA has advised that it will recommence referring workers for permanent impairment assessments from 4 May.

The Society has also been working with the CTP Regulator to ensure that the COVID-19 pandemic does not impact the rights of persons injured in motor vehicle accidents. The Society met with the CTP Regulator to discuss its concerns with respect to medical and psychiatric assessments. The Society was consulted by the CTP Regulator with respect to the undertaking of Injury Scale Value (ISV) and Guide for the Evaluation of Psychiatric Impairment for Clinicians (GEPIC) assessments by psychiatrists using video conferencing/audio visual link.

ESSENTIAL LEGAL SERVICES

The Society has advocated both at a State and Federal level as to the importance and essential nature of legal services during the COVID-19 pandemic. The Society made submissions that the justice system is an essential service and the legal profession is critical to the essential and continuing functions of the justice system throughout the COVID-19 pandemic.

The COVID-19 pandemic has increased demand for a variety of legal services. The Society takes the view that all legal services are essential and will be required throughout and following the COVID-19 pandemic.

The Society and the profession have been working with the courts to facilitate the increasing use of technology to ensure compliance with COVID-19 restrictions across all jurisdictions.

The COVID-19 pandemic and the restrictions imposed in order to mitigate the public health risks of COVID-19 have, and are likely to continue to have, a serious impact on the legal profession and the community. Access to legal services will be essential throughout and of course following the pandemic. The Society will continue to advocate for the profession and the community during these challenging times. B

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