There are concerns innocent people will end up in jail as Aboriginal and Torres Strait Islander legal services are cut across the country, leaving more people to represent themselves in court.
Queensland and New South Wales' legal services have withdrawn from 23 locations due to what they say are increasing workloads and a lack of funding.
Atherton Courthouse, where Ngadjon-jiman man Terry Murray helps First Nations people navigate the legal system, is among them.
Mr Murray, who works as a court support officer, said he had felt more pressure since lawyers from Queensland's Aboriginal and Torres Strait Islander Legal Service had withdrawn from the Far North Queensland court.
"Clients always ask questions and legal advice and if you don't have the answers to answer that, that also puts them in an impacted position," Mr Murray said.
"If we don't have a legal service, they're just going to sort of do the best they can [representing themselves]."
Aboriginal legal services in Australia receive state and federal funding, the vast majority of which being allocated through the Commonwealth Attorney-General's department.
The National Aboriginal and Torres Strait Island Legal Service (NATSILS) has told the ABC that demand increased "up to 100 per cent since 2018", but Commonwealth funding had not kept pace.
The peak body called for a $250 million emergency package in the lead-up to the May budget, but the request was not granted, and state-based services have withdrawn in regional and metropolitan courts.
Ten Queensland locations — including Brisbane and Cairns — will no longer have court-based support dedicated to First Nations clients.
Kalkadoon man Shane Duffy, who is chief executive of the Queensland-based Aboriginal and Torres Strait Islander Legal Service, said the decision to withdraw was not taken lightly.
"Some of our lawyers have carried 1,000 files in a year — that's just ridiculous and unethical," he said.
"It is about making sure we address the workplace health and safety needs of our staff."
Mr Duffy said increased demand and high caseloads had stretched resources.
He said that without free legal representation, there was a risk of increased incarceration of First Nations people.
"We feel gutted to be able to make this decision for our community members but what it will mean is more people going to jail," he said.
Risk of increased incarceration
Aboriginal and Torres Strait Islander prisoners accounted for 32 per cent of all incarcerations but represented 3.8 per cent of the total general population in 2022, according to the Australian Bureau of Statistics.
University of Queensland Pro Bono Centre director Tamara Walsh said free legal assistance was vital for a fair justice system.
"These processes are incredibly difficult for anyone to navigate but particularly people who experience disadvantage — they're definitely behind the eight ball," Dr Walsh said.
"There's no doubt that you're going to get a worse outcome if you don't have the legal information and assistance available to you."
Services to be reviewed
Last week's budget included $99 million for a First Nations Justice Package, which included $13.5 million for legal services across the country — less than 6 per cent of what NATSILS had requested.
"The Commonwealth is aware of the difficulties that ATSILS are currently experiencing, which are resulting in service withdrawals and client freezes, especially in regional and remote areas," the department said in a statement.
Meanwhile, an independent review of the National Legal Assistance Program is expected to begin this year to assess "all Commonwealth legal assistance funding, in particular legal need and service delivery to First Nations peoples and those in rural, regional and remote locations".
Queensland's ATSILS is requesting $11.1 million from the state treasury to increase wages to a competitive level and employ 30 additional staff.
In a statement, Queensland Attorney-General Shannon Fentiman said that "the legal assistance sector is facing recruitment and retention issues throughout Australia".
"I have raised my concerns with the federal government and called on them to assist in further funding, to ensure Aboriginal and Torres Strait Islander people in Queensland are not further disadvantaged," she said.
Mr Murray said he feared the possible effects of increased self-representation were already taking hold.
"They fear about going to jail, they don't want to go to jail," he said.
"There's a fear about being incarcerated — even over the smallest matters, there's fear there for them."
