El ejemplo y el crédito social

One measure that may be used to gauge the retention of public legal assistance solicitors is the number of months that a solicitor position has been filled since it was last vacant. Table 25 provides information on this measure of retention for solicitors within the ALS. This includes all filled positions not just positions filled by the incumbent. The information is first presented in terms of ALS zone41. There were 37 filled ALS

solicitor positions in Zone 1, 22 in Zone 2, and 21 in Zone 3 at the time of the study’s census.

41 _{The new Aboriginal Legal Service (NSW/ACT) was created in 2006, when the six Aboriginal and Torres Strait Islanders Legal Services that}

had previously served the State came together to form one statewide service. Administratively, the ALS is organised into three zones. Zone 1 includes the ALS offices of Redfern, Parramatta, Wollongong, Nowra, Moruya and Canberra and broadly covers metropolitan Sydney, the Illawarra and South Eastern NSW. Zone 2 includes the Newcastle, Taree, Kempsey, Grafton, Lismore, Tamworth, Armidale and Moree ALS offices and broadly covers the Hunter, Mid-North Coast and Richmond-Tweed regions and parts of Northern and North Western NSW. The ALS offices in Zone 3 are Bathurst, Dubbo, Walgett, Bourke, Broken Hill, Griffith and Wagga Wagga. Zone 3 broadly covers the Central West, the Far West and the Murray and Murrumbidgee regions of NSW.

Table 25: ALS filled solicitor positions — number of months filled since last vacant by ALS zone, 30 June 2009

Months filled since vacant Zone 1* Zone 2 Zone 3 All Zones

n % n % n % n % 3 months or less 2 5.4 2 9.1 4 19.0 8 10.0 4 to 6 months 2 5.4 3 13.6 3 14.3 8 10.0 7 to 12 months 10 27.0 3 13.6 7 33.3 20 25.0 1 to 2 years 10 27.0 5 22.7 2 9.5 17 21.3 2 to 3 years 3 8.1 1 4.5 2 9.5 6 7.5

More than 3 years 10 27.0 8 36.4 3 14.3 21 26.3

Total 37 100.0 22 100.0 21 100.0 80 100.0

* Includes two ALS solicitors based in the ACT (one solicitor was in the position for one to two years; the other solicitor was in the position for two to three years).

Note: ‘Number of months filled since vacant’ was not recorded for one filled ALS position in Zone 1. Source: LJF census of NSW public legal assistance solicitor positions (30 June 2009).

Across the service, ten per cent of ALS solicitors were in the position for three months or less. However, in Zone 3, which covers many of the more remote areas of NSW, there were almost double (19%) the proportion of solicitors in the position for three months or less. Solicitors who had been in the position for six months or less made up 20 per cent of all ALS solicitors, but in Zone 3 this group made up one-third (33%) of solicitors. Furthermore, two-thirds (67%) of solicitors in Zone 3 were in the position for one year or less. By contrast, in Zones 1 and 2 the proportion of solicitors in the position for one year or less was 38 and 36 per cent, respectively — or only half the level for Zone 3.

Zones 1 and 2 also had the benefit of solicitors being retained in their positions for longer periods — 27 per cent of ALS solicitors in Zone 1 were in their positions for no less than three years with this figure even higher for Zone 2 at 36 per cent. In Zone 3, only 14 per cent of ALS solicitors were in the job for more than three years. Indeed, in Zone 2, 41 per cent of ALS solicitors had more than two years’ experience in the position compared with just 24 per cent of ALS solicitors in Zone 3.

For all 80 ALS solicitors in NSW (/ACT), the average length of time in the position was 42 months (median=24 months).42 _{On average, ALS solicitors in Zone 1 were in the position for 43.5 months}

(median=24 months); in Zone 2, the average length of time in the position was slightly higher at 52 months (median=24 months); while in Zone 3 the average length of time in the position was just 28 months, and the median was also substantially lower at 12 months. In fact, the average length of time in the position for ALS solicitors in Zone 3 was one-third lower than for their counterparts in Zone 1 and almost half that for ALS solicitors in Zone 2. In addition, while the median length of time in the position was 24 months for ALS solicitors in Zones 1 and 2, for ALS solicitors in Zone 3 the median time in the position was just 12 months.

Table 26 provides information on the number of months that ALS solicitor positions were filled since last vacant, but this time organised by Region. Presented in this way, it should be noted that the number of ALS solicitors in some regions was quite small. Therefore, caution should be exercised in comparing figures, especially percentages, across different regions.

Given the relatively small number of ALS solicitors in most regions of NSW, the following observations are made without any further comment:

42 _{The mean (or average) is the sum of the observations divided by the number of observations (e.g. the total number of months in the position for}

all solicitors divided by the number of solicitors). The median is the numeric value separating the higher half of a sample from the lower half. The median is found by arranging all values from lowest to highest and selecting the middle one (the mid-point). If there is an even number of observations, then there is no single middle value, the median is defined to be the average of the two middle values.

Š three of the six (50%) ALS solicitors in the Mid-North Coast region had spent more than three years in the position

Š in Northern region, three of the seven (43%) ALS solicitors had been in their position for three years or longer

Š in North Western region, all ALS solicitors except one had less than two years in the position and six of the 11 (55%) had no more than one year in the position

Š in South Eastern, the ALS solicitors appeared relatively stable with all three solicitors in their position for more than one year

Š in the Murrumbidgee, ALS solicitors were either relatively new in the position (three of the five solicitors had been in the position for no more than 12 months) or had been in the position for at least two years (two solicitors)

Š the ALS solicitor based in the Far West of NSW was in the job for less than 12 months. Table 26: ALS filled solicitor positions — number of months filled since last vacant by NSW Region

(Statistical Division), 30 June 2009 Months filled since

vacant

Sydney Hunter Illawarra Richmond-Tweed

n % n % n % n % 3 months or less 2 6.9 2 33.3 0 0.0 0 0.0 4 to 6 months 2 6.9 2 33.3 0 0.0 0 0.0 7 to 12 months 8 27.6 0 0.0 2 33.3 1 33.3 1 to 2 years 6 20.7 0 0.0 3 50.0 1 33.3 2 to 3 years 2 6.9 1 16.7 0 0.0 0 0.0 More than 3 years 9 31.0 1 16.7 1 16.7 1 33.3

Total 29 100.0 6 100.0 6 100.0 3 100.0

Months filled since vacant

Mid-North Coast Northern North Western Central West

n % n % n % n % 3 months or less 0 0.0 0 0.0 3 27.3 0 0.0 4 to 6 months 1 33.3 0 0.0 3 27.3 0 0.0 7 to 12 months 1 33.3 1 14.3 2 18.2 2 66.7 1 to 2 years 1 33.3 3 42.9 2 18.2 0 0.0 2 to 3 years 0 0 0 0.0 1 9.1 0 0.0

More than 3 years 3 50.0 3 42.9 0 0.0 1 33.3

Total 6 100.0 7 100.0 11 100.0 3 100.0

Months filled since vacant

South Eastern* Murrumbidgee Far West All ALS

n % n % n % n % 3 months or less 0 0.0 1 20.0 0 0.0 8 10.0 4 to 6 months 0 0.0 0 0.0 0 0.0 8 10.0 7 to 12 months 0 0.0 2 40.0 1 100.0 20 25.0 1 to 2 years 1 33.3 0 0.0 0 0.0 17 21.3 2 to 3 years 1 33.3 1 20.0 0 0.0 6 7.5 More than 3 years 1 33.3 1 20.0 0 0.0 21 26.3

Total 3 100.0 5 100.0 1 100.0 80 100.0

* Two ALS solicitors based in the ACT were included in South Eastern region.

Note: No ALS solicitor position located in the Murray region.

‘Number of months filled since vacant’ was not recorded for one filled ALS position in Sydney (Zone 1).

Source: LJF census of NSW public legal assistance solicitor positions (30 June 2009).

Regional differences become more apparent when retention of ALS solicitors is examined in terms of average (and median) time in the position. Table 27 shows that it is simply not the case that all country areas of NSW were characterised by relatively ‘new’ ALS solicitors in positions. Certainly, in some country

regions — notably, North Western NSW and the Far West — the average time in the position for ALS solicitors was much less than their counterparts in other parts of the State. In both these regions, the average length of time in the position was at least 70 per cent less than the average for all ALS solicitors in NSW. The 11 ALS solicitors in North Western region had, on average, less than 12 months in the position and five of them had been in the job for six months or less. Nonetheless, in other areas of country NSW — notably, the Mid-North Coast and to a lesser extent the Central West and South Eastern regions — the average length of time in the position for ALS solicitors was well above the average for all ALS solicitors. In fact, on the Mid-North Coast, three of the six ALS solicitors had been in their position for no less than 48 months. Table 27: ALS filled solicitor positions* — mean and median

number of months filled since last vacant by NSW Region (Statistical Division), 30 June 2009

Region (SD) Mean (months) Median (months) Sydney 45.1 24.0 Hunter 24.0 5.0 Illawarra 32.0 20.0 Richmond-Tweed 35.0 24.0 Mid-North Coast 106.0 48.0 Northern 37.9 24.0 North Western 11.8 6.0 Central West 88.0 12.0 South Eastern^ 52.7 36.0 Murrumbidgee 27.0 12.0 Far West 9.0 9.0 All NSW ALS 41.8 24.0

* No ALS solicitors located in the Murray region.

^ Two ALS solicitors based in the ACT were included in South Eastern region.

Source: LJF census of NSW public legal assistance solicitor positions (30 June 2009).

It should also be noted that non-country regions of NSW had a reasonable number of ALS solicitors who were relatively new to their positions. The Hunter region, in particular, had a group of ALS solicitors with a relatively low average length of time in the position (24 months) and three of the six Hunter ALS solicitors had been in the job for four months or less.

Table 28 provides retention information for CLC solicitors in NSW. It is also based on the number of months that each CLC solicitor position was filled since it was last vacant, and includes all filled positions ot just positions filled by the incumbent.

Across NSW, 17 per cent of CLC solicitors had been in the position for three months or less. Marked regional differences, however, were noted with regard to recently appointed CLC solicitors. Bear in mind that there are no CLCs located in the Mid-North Coast, Central West, South Eastern and Murrumbidgee regions of NSW.

In the Far West, three of the four (75%) CLC solicitors had been in the position for only three months or less. In the Hunter, four of the six (67%) CLC solicitor positions had been held for three months or less. In the Far West, no current CLC solicitor had held the position for more than six months, while in the Hunter five of the six (84.3%) solicitors had been in the position for only six months or less. In the Murray region, four of the six (67%) CLC solicitors had been in the position for less than one year.

The Richmond-Tweed region had the highest proportion (50%) of CLC solicitors who had been in the position for three or more years. This was substantively higher than for all other regions, including Sydney.

Table 28: CLC filled solicitor positions* — number of months filled since last vacant by NSW Region (Statistical Division), 30 June 2009

Months filled since vacant

Sydney Hunter Illawarra Richmond-Tweed

n % n % n % n % 3 months or less 19 15.6 4 66.7 0 0.0 1 16.7 4 to 6 months 11 9.0 1 16.7 0 0.0 0 0.0 7 to 12 months 11 9.0 0 0.0 2 22.2 0 0.0 1 to 2 years 35 28.7 0 0.0 4 44.4 1 16.7 2 to 3 years 18 14.8 0 0.0 3 33.3 1 16.7 More than 3 years 28 23.0 1 16.7 0 0.0 3 50.0

Total 122 100.0 6 100.0 9 100.0 6 100.0

Months filled since vacant

Northern North Western Murray Far West

n % n % n % n % 3 months or less 0 0.0 0 0.0 0 0.0 3 75.0 4 to 6 months 0 0.0 0 0.0 1 16.7 1 25.0 7 to 12 months 1 33.3 1 33.3 3 50.0 0 0.0 1 to 2 years 2 66.7 1 33.3 0 0.0 0 0.0 2 to 3 years 0 0.0 0 0 0 0.0 0 0.0

More than 3 years 0 0.0 1 33.3 2 33.3 0 0.0

Total 3 100.0 3 100.0 6 100.0 4 100.0

Months filled since vacant All NSW CLCs n % 3 months or less 27 17.0 4 to 6 months 14 8.8 7 to 12 months 18 11.3 1 to 2 years 43 27.0 2 to 3 years 22 13.8 More than 3 years 35 22.0

Total 159 100.0

* No CLCs located in Mid-North Coast, Central West, South Eastern and Murrumbidgee regions of NSW.

Note: ‘Months filled since vacant’ was not recorded for eight positions — four positions filled by the incumbent, three positions filled

by secondee, a locum or casual and one by higher duties.

Source: LJF census of NSW public legal assistance solicitor positions (30 June 2009).

Further highlighting these regional differences are the average lengths of time in the position for CLC solicitors working in different parts of the State (Table 29). Across NSW, the mean length of time in the position held by CLC solicitors was a little over two years (28 months) with half of all CLC solicitors in their current position for less than 18 months. However, in the Far West, the average length of time that CLC solicitors held their current the position was just two months (median=1.5 months). This was far lower than for other regions. For example, the next lowest level of time in the position was in the Hunter where CLC solicitors had a mean time of 12 months in their current position, with the median time much lower at just three months. CLC solicitors in the Murray region had an above average time in their current position (30 months) but the median time was much lower than for all CLC solicitors at just 9.5 months. In both the North Western and Richmond-Tweed regions, the median length of time for CLC solicitors in their current position was higher than for other areas of the State at 24 months and 40 months, respectively. Sydney-based CLC solicitors had been in their current position for an average 28 months (median=19 months).

Table 29: CLC filled solicitor positions* — mean and median number of months filled since last vacant by NSW Region (Statistical Division), 30 June 2009

Region (SD) Mean (months) Median (months) Sydney 28.2 19.0 Hunter 12.3 3.0 Illawarra 19.9 16.0 Richmond-Tweed 44.7 40.5 Northern 17.7 20.0 North Western 63.3 24.0 Murray 29.7 9.5 Far West 2.0 1.5 All NSW CLCs 27.6 18.0

* Note: No CLCs located in the Mid-North Coast, Central West, South Eastern and

Murrumbidgee regions of NSW.

Source: LJF census of NSW public legal assistance solicitor positions (30 June 2009).

Table 30 provides retention information for Legal Aid solicitors in NSW and likewise is based on the number of months that each Legal Aid solicitor position was filled since it was last vacant.

It shows that almost 19 per cent of Legal Aid NSW solicitors had been in their current position for no more than three months and around 35 per cent of Legal Aid solicitors had been in their current position for no more than six months. A further one in five (20%) Legal Aid solicitors had been in the position for between seven and 12 months and around one-quarter (24%) of all solicitors employed by Legal Aid had been in their current position for one to two years. The proportion of Legal Aid solicitors who had been in their position for three year or longer (13%) was half that for ALS solicitors (26%) and nine per cent lower than for CLC solicitors. This could be a feature of increased opportunities in Legal Aid NSW for solicitors to take up designated rotational positions, act in higher positions, cover positions where the incumbent is on leave, or take up special project work.

Table 30: Legal Aid NSW filled solicitor positions — number of months filled since last vacant by NSW Region (Statistical Division), 30 June 2009

Months filled since vacant

Sydney Hunter Illawarra Richmond-Tweed

n % n % n % n % 3 months or less 66 20.4 1 5.6 1 5.9 2 18.2 4 to 6 months 59 18.3 0 0.0 0 0.0 3 27.3 7 to 12 months 71 22.0 1 5.6 1 5.9 0 0.0 1 to 2 years 72 22.3 3 16.7 7 41.2 5 45.5 2 to 3 years 21 6.5 8 44.4 2 11.8 1 9.1 More than 3 years 34 10.5 5 27.8 6 35.3 0 0.0

Total 323 100.0 18 100.0 17 100.0 11 100.0

Months filled since vacant

Mid-North Coast Northern North Western Central West

n % n % n % n % 3 months or less 1 12.5 0 0.0 2 28.6 1 20.0 4 to 6 months 1 12.5 1 25.0 2 28.6 0 0.0 7 to 12 months 2 25.0 0 0.0 3 42.9 1 20.0 1 to 2 years 3 37.5 0 0.0 0 0.0 2 40.0 2 to 3 years 0 0.0 0 0.0 0 0.0 0 0.0 More than 3 years 1 12.5 3 75.0 0 0.0 1 20.0

Total 8 100.0 4 100.0 7 100.0 5 100.0

Months filled since vacant

Murrumbidgee All Legal Aid

n % n % 3 months or less 0 0.0 74 18.5 4 to 6 months 0 0.0 66 16.5 7 to 12 months 3 37.5- 82 20.4 1 to 2 years 3 37.5 95 23.7 2 to 3 years 0 0.0 32 8.0 More than 3 years 2 25.0 52 13.0

Total 8 100.0 401 100.0

Note: No Legal Aid NSW offices located in Far West, South Eastern and Murray regions. Source: LJF census of NSW public legal assistance solicitor positions (30 June 2009).

Solicitors in the Dubbo Legal Aid office (North Western region) had the highest proportion (57%) of Legal Aid NSW solicitors with no more than six months’ experience in their current position. This office also had the highest proportion (29%) of solicitors who had spent no more than three months in their position. In the Lismore office (Richmond-Tweed region), five of the 11 (45%) solicitors had no more than six months in the position. Hunter appeared to fare best in terms of retaining staff with eight of 18 staff (44%) in their position for two to three years and a further five staff (28%) holding their position for three years or longer. Central West had a mixed bag of solicitors with one solicitor in the job for three months or less, one solicitor in their position for more than three years and three solicitors in their positions for between seven months and two years. All eight solicitors in the Wagga Wagga Legal Aid office (Murrumbidgee region) had spent no less than seven months in their current position.

Examining the mean (and median) time spent in positions for Legal Aid solicitors across NSW (Table 31), it is noticeable that solicitors in the Dubbo office (North Western region) had the lowest average time in their current positions. The average time in the position for solicitors in the Dubbo Legal Aid office was less than seven months, almost one year lower than the State average. Fifty per cent of solicitors in the Dubbo office had been in their current position for less than five months (i.e. median=5.1 months). In the Lismore Legal Aid office (Richmond-Tweed region), while the mean time in the position was six months lower than the State average (i.e. 12.4 months compared to18.7 months), half of their solicitors had been in their position for at least 17 months, six months higher than the State median value.

The mean time in positions for Legal Aid NSW solicitors was lower than the State average in only three regions — Sydney (16.7 months), Richmond-Tweed (12.4 months) and North Western NSW (6.6 months). Of these, only Sydney (8.5 months) and North Western (5.1 months) were also below the State median value for time in the position. That is, the NSW median value indicates that half of the State’s Legal Aid solicitors had spent 10 months or longer in their positions. In Sydney, however, the typical time spent in a position was only 8.5 months and in the Dubbo (North Western) office it was even lower at just five months.

Table 31: Legal Aid NSW filled solicitor positions* — mean and median number of months filled since last vacant by NSW Region (Statistical Division), 30 June 2009

Region (SD) Mean (months) Median (months) Sydney 16.7 8.5 Hunter 32.7 29.0 Illawarra 29.4 21.7 Richmond-Tweed 12.4 16.6 Mid-North Coast 19.8 11.9 Northern 43.2 48.0 North Western 6.6 5.1 Central West 51.7 18.6 Murrumbidgee 27.9 17.7

All Legal Aid NSW 18.7 10.2

Note: No Legal Aid NSW offices located in Far West, South Eastern and Murray regions. Source: LJF census of NSW public legal assistance solicitor positions (30 June 2009).