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Los principios del orden: el hombre y Dios

PARTE I EL FUNDAMENTO DEL ORDEN

CAPÍTULO 3. CONCIENCIA Y TRASCENDENCIA

3.1. Los principios del orden: el hombre y Dios

The legal issues that a person experiences will often have their foundation in broader, non‑legal issues. For example, family separation is a question of relationships as much as the legal aspects of a divorce. Debt problems may stem from issues with unemployment or financial management. These non‑legal issues need to be addressed to resolve them and prevent them from recurring or escalating. Collaboration between legal and non‑legal services is necessary to ensure that people’s legal issues are resolved and their broader needs met.

RecommendATIon 6.7

legal assistance providers and relevant Commonwealth‑funded service providers (such as family relationship services) should increase collaboration to develop joined‑up solutions to service delivery. Strategies could include the collaborative delivery of services, increasing the use of warm referral between providers and more uniform data collection. The new national coordination group for legal assistance (Recommendation 11.1) could be one mechanism to facilitate this Recommendation.

Triage; Outcomes.

Existing and emerging technology can greatly expand the availability of services. Four in five Australians now use the internet, a figure which varies depending on the age of the user, but is not dependent on socioeconomic status.175 Convenience is a primary factor in the increased use of the

internet, highlighting its potential for providing legal information.176

In relation to Commonwealth government services, the internet is now the most common way Australians last made contact with the government.177 The internet is also the channel people

would prefer to use to contact government.178 This is not a sudden development; rather, it reflects

milestones in trends in the last decade.

Greater emphasis on online information services would help respond to Australians’ changing information needs. The use of internet‑based technology for live video call and conferencing—such as software that uses voice over Internet Protocol (voIP)—is an emerging and accepted medium in Australia. It can overcome issues such as distance, cost and lack of knowledge about what to do, or where to find information, in case of a dispute. The capacity to better direct people to the most relevant information has a triage benefit, as it provides a means of overcoming some of the limitations of written information—for example, a person picking up a brochure that does not reflect the best information or pathway for them to follow.

Potential initiatives that could be explored include the expanded use of web conferencing and online ‘chat’ services to provide legal information and advice. For example, youthlaw community legal centre currently manages youthlaw Online, using real‑time video and document sharing capabilities to provide virtual face‑to‑face information and legal advice to young people in victoria. youthlaw collaborates with youth workers in regional victoria, in particular uniting Care, to organise advice sessions and provide the support and tools for young people to attend and benefit from its services. An example of an innovative online initiative is the Commonwealth Government Workplace Ombudsman ‘live help’ service, which provides information about the Commonwealth workplace relations system. As part of live help, members of the public can use instant messaging to chat with a Workplace Ombudsman representative and obtain instant help. To access the service, a client is required to enter their first name, email address, jurisdiction and indicate whether they are an employer, worker or other party. Once the live chat is complete, the client is emailed a transcript of the chat session. This is important as it will reduce the likelihood that information will be misunderstood or forgotten, and provides a permanent record of the information for later reference or use.

The Federal Court has also introduced a number of measures to incorporate technology to improve access to justice. The Court has introduced ‘eCourtroom’ which allows pre‑trial orders to be made online, saving cost and time. The Court has also introduced the ‘Commonwealth Courts Portal’, which provides web‑based services to judicial officers, lawyers, litigants and court staff providing real‑time information about cases before the courts.

175 See, for example, Australian Government Information management Office, Interacting with Government: Australians’ use and

satisfaction with e‑government services, 2008.

176 law and Justice Foundation of New South Wales research demonstrated 87.7 per cent satisfaction with the internet as the

sole or most useful source of legal assistance. Australian Government Information management Office, Interacting with Government: Australians’ use and satisfaction with e‑government services, 2008 – this report shows that the internet is now ‘the main service delivery channel for Australians to interact with government (at pages 4–6).

177 Australian Government Information management Office, Interacting with Government: Australians’ use and satisfaction with

e‑government services, 2008, p 24.

Noting that the likelihood of internet usage among Australians varies with age and is highest among younger people, the Commonwealth should ensure that its focus on the internet as a key channel for delivering information and services does not exclude people of any age or cultural background.179 Consideration also needs to be given to difficulties for remote Indigenous

communities in accessing internet based services. To help ensure accessibility, information should be provided through a variety of sources, giving people choice in the way they access information and assistance.

video conferencing gives people in regional and remote areas access to legal services not available locally. It can be used for legal advice, collaboration between services, training and connecting people with courts and government agencies. It is not appropriate in all situations—for some clients outreach and other initiatives will always be necessary due to problems caused, for example, by disadvantage, distance, lack of infrastructure, and the capital and recurrent costs of maintaining facilities. Current experience in rural Queensland (for example, use of videoconferencing by

community centres and legal Aid, as part of a South Queensland Justice Network) demonstrates that while videoconferencing can make a real difference it needs time, resources and collaboration.180

“Video conferencing gives people in regional and remote areas