Simon Power

Wellington, April 8 NZPA - It could be a year before legal aid lawyers face competency testing under reforms of legal aid services outlined by Justice Minister Simon Power yesterday.

Under the proposals, legal aid lawyers having to demonstrate competency to a selection committee with performance monitored and have sanctions imposed where appropriate. Lawyers will also have to re-apply after a fixed term (usually three years).

The test was one of the recommendations of a damning review of legal aid by Dame Margaret Bazley, which the Government has already said it would largely accept.

Dame Margaret's report said some lawyers and defendants were "abusing the system to the detriment of clients, the legal aid system, the courts and the taxpayer".

She believed there was evidence that many lawyers had been acting corruptly in doing their work.

The accusations were furiously denied by many in the legal fraternity and the Law Society said today it doubted many of it members would be tripped up the new competency tests.

However the change will require laws changes to be drafted and passed through Parliament, which could be about a year away.

Dame Margaret also said administrative costs were out of control and the Legal Services Agency (LSA) seemed paralysed and unable to deal with the legal sector.

The report led to LSA chief executive Tim Bannatyne losing his job, and the resignation of four members of its board.

The Government decided swiftly after the report the LSA would be wound back into the Justice Ministry.

The new legal aid system will also include:

* expansion of the Public Defence Service to Wellington, Christchurch, and Hamilton. The service provides legal aid through salaried staff rather than contracted lawyers;

* appointment of supervisors and enhancement of criteria for selecting duty solicitors;

* streamlining of processes for assessing applications for low-cost criminal cases in the summary jurisdiction; and

* replacement of the Legal Aid Review Panel with a Legal Aid Tribunal, to increase transparency in decision making.

Mr Power said he was confident the changes would improve the quality and efficiency of the service.

Amending legislation is required to implement many of the changes, and will be introduced to Parliament this year.

Last year there were 85,156 legal aid grants, costing taxpayers $131 million.