Although the Victorian Aboriginal Legal Service (VALS) has commended the decision, it is concerned that the government has underestimated the demand for legal services over the coming years as restrictions ease, courts work through backlogs and ongoing economic panic leads to more people needing legal advice that they cannot afford. 

VALS chief executive Nerita Waight said: “It is not only the government’s responsibility to ensure Aboriginal people don’t get left behind during the COVID-19 recovery phase – it is also in their interests for VALS to be properly funded to address many legal needs as early as possible as this will minimise social and economic costs in the short and long term.” 

VALS said that it often takes time for people to recognise that the issues could be legal ones and it is highly likely that people will not immediately approach either their service or others with their concerns, leading to the need for longer-term or more funding. 

The service added that Aboriginal people are disproportionately counted in the criminal justice and child protection systems before the pandemic and there is a “real risk” that the justice gap between Aboriginal and non-Aboriginal people will only widen if funding and more preventative steps are not taken by the government in the early stages. 

The VALS said it is concerned that with already increasing demand, fewer people from these communities will be provided with the essential legal services they need. 

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“Just a couple weeks ago, the Bushfire Royal Commission highlighted in its report that following a disaster, legal issues will inevitably rise,” Ms Waight said. 

“A couple of months ago, it made a commitment under the Closing the Gap Agreement that the Aboriginal community will not be disproportionately affected by the pandemic, and would be supported to recover as quickly as everyone else.”