Victoria Legal Aid (VLA) provides legal information, advice, and representation in family, civil and criminal law.
Legal help (free phone service)
You can get legal information over the phone. We can also refer to other VLA services or organisations if you need more help.
Free legal advice
We have lawyers who can talk to you about how the law applies to your legal problem.
Lawyers at court
We have lawyers on duty at many courts and tribunals across Victoria.
Funding cases
If you can't afford a lawyer, you can apply for a grant of legal assistance to help you pay for a lawyer to run your case.
Resolving family disputes
Roundtable Dispute Management is our service that helps parents who are going through a separation or divorce to resolve their family disputes.
Publications
We have free booklets, brochures and fact sheets on a range of legal topics. We also have publications and information about our services in many community languages.
Public law library and research resources
We have a specialist law library open to the public and links to free online resources for legal research.
VLA is funded from a Legal Aid Fund (s.41 Legal Aid Act 1978 (Vic) "Legal Aid Act") into which is paid:
- State Government money;
- Commonwealth Government money;
- money from the Legal Practice Board's Public Purpose Fund;
- contributions from people receiving legal assistance;
- legal costs received by VLA; and
- interest and income derived from money invested by VLA.
Contact the Victoria Legal Aid Help Service for free general information over the phone about the law and how we can help you. It is open Monday to Friday from 8.45am until 5.15pm.
Call on (03) 9269 0120 or 1800 677 402 (country callers). People needing help in another language should phone the Translating and Interpreting Service on 131 450 and ask to be put through to Victorian Legal Aid.
Legal information for people who are deaf or have a hearing or speech impairment
If you are deaf or have a hearing or speech impairment you can use the National Relay Service to phone Victoria Legal Aid on (03) 9269 0120. This is a free servie. For more information see the National Relay Service website. Please use your area code (03) when giving your number so the service can reach you.
TTY users can call 133 677 and ask for (03) 9269 0120 or 1800 677 402 (country callers).
Speak and listen users can call 1300 555 727 and then ask for (03) 9269 0120 or 1800 677 402 (country callers).
Internet relay users can connect to www.iprelay.com.au/call/index.aspx and then ask for (03) 9269 0120 or 1800 677 402 (country callers).
VLA's website has legal information on a range of topics. Each topic also includes information about how VLA and other key services can help. Information about VLA services is also provided in over 25 different languages. See: www.legalaid.vic.gov.au/legalissues.htm.
Victoria Legal Aid produces a range of free legal information written in plain language to help people work out their legal problems. These are regularly updated and some are available in community languages. You can subscribe to our regular email update to be notified when we have new or updated publications.
To get copies of our booklets you can visit the website www.legalaid.vic.gov.au and go to the 'Publications' page to:
- order printed copies by using the online order form; or
- download PDF copies.
If you need a publication in a different format contact us about what you need by phoning (03) 9269 0223 or emailing cle@vla.vic.gov.au.
VLA runs free community workshops on filling in divorce applications and running your own family law case in Melbourne and some regional areas. Contact Legal Help (03) 9269 0120 or 1800 677 402 (country callers) to find out more.
VLA's public law library is open to anyone wishing to undertake their own research. It is located at 350 Queen Street, Melbourne and operates between 9am and 5pm, Monday to Friday.
We have lawyers who can talk to you about how the law applies to your legal problem and what you may be able to do about it. Contact Legal Help (03) 9269 0120 or 1800 677 402 (country callers) to find out if we can help you with your legal problem.
We focus on giving legal advice to people who need it most, including people who:
- are socially and economically disadvantaged;
- can't get help from a private lawyer; and
- don't have any other way to get legal help.
We give free legal advice on a range of matters but give priority to people who need advice on:
- criminal matters (especially those in custody or facing serious charges, or when a young person has been charged);
- family breakdown matters (especially matters involving children);
- family violence;
- some civil and human rights matters (including social security, debt, mental health, immigration and refugee, guardianship and anti-discrimination matters); and
- serious traffic offences and infringement fines.
We don't give legal advice about financial or business matters, such as taxation or commercial law, buying property, superannuation law, or intellectual property law.
A one-off legal advice session with a VLA lawyer is free.
Our lawyers give legal advice at locations across Victoria, including:
- all VLA offices (see Locate us);
- at various courts, community centres and other outreach locations;
- at many prisons, correctional facilities, juvenile justice centres, remand centres and detention centres; and
- at many hospitals (psychiatric units) where patients have been detained involuntarily.
Our lawyers can give legal advice:
- in person (face to face);
- by video conference; or
- over the telephone in some circumstances.
VLA does not provide legal advice by email or internet.
You can always come into our office, but lawyers are only available to give legal advice on some days. It's best if you call and talk to us about times when a lawyer will be available to give you advice about your matter. If you call us, we will quickly direct you to the right service.
We have lawyers on 'duty' at many courts and tribunals across Victoria. These 'duty lawyers' help people who have a court hearing on the day but do not have their own lawyer. Duty lawyers help many people each day, so they may only be able to give you quick help for some matters.
Duty lawyers are lawyers who work for Victoria Legal Aid (VLA) or are private lawyers who are paid by VLA to help you. The duty lawyer service is free.
Many people want to see the duty lawyer, so the duty lawyer may not be able to help everyone. We give priority to:
- serious cases, including people in custody or people at risk of going in to custody;
- matters involving children;
- people who cannot afford legal help; and
- people who could not get legal advice before the hearing date.
Duty lawyers can help:
- give you advice about your matter;
- explain what might happen at your hearing;
- help you to get an adjournment (to put off your hearing to a later date so you have time to get legal advice);
- talk to the court/tribunal or other parties on your behalf;
- speak for you in court to help you to get bail for criminal matters; and
- speak for you in court if you intend to plead guilty for criminal matters.
They are available at the following locations:
- all Magistrates' Courts;
- the Victorian Civil and Administrative Tribunal (VCAT);
- all Children's Courts;
- the Family Court;
- the Federal Magistrates' Court;
- the Administrative Appeals Tribunal; and
- the Mental Health Review Board.
VLA lawyers regularly visit prisons, juvenile justice centres and remand centres. Contact Legal Help (03) 9269 0120 or 1800 677 402 (country callers) to find out more.
VLA provides a regular visiting service to patients in psychiatric wards in most of the Melbourne metropolitan services (including the Thomas Embling Hospital), as well as services at Ballarat, Bendigo, Geelong, La Trobe Valley, Shepparton and Warrnambool regional hospitals.
The service includes advice and, where appropriate, representation at Mental Health Review Board hearings. Contact Legal Help (03) 9269 0120 or 1800 677 402 (country callers) to find out more.
Roundtable Dispute Management (RDM) is VLA's family dispute resolution service. It is a non-adversarial forum that gives families the opportunity to resolve their dispute themselves, rather than taking the matter to court.
RDM can help you work out solutions to family law disputes. These disputes may be about parenting and child support issues. RDM helps:
- work out decisions that support children's needs;
- develop a parenting plan or court order which sets out arrangements for the care of children;
- sort out financial issues, such as some child support;
- improve family communication and cooperation; and
- reach workable solutions.
One person must apply for, and receive, legal assistance. RDM will then invite the other party to participate. Matters that are not suitable may include those requiring urgent orders or where a person's safety or welfare is at risk.
RDM's first priority is the safety of all parties, including children, and because of the levels of safety built into the process it is suitable for many cases involving family violence. RDM will not negotiate around the issue of violence and will act to ensure the safety of all participants.
Where an intervention order is in place it must include a clause that allows parties to engage in dispute resolution. A copy of the order must be forwarded to RDM before going to the conference.
RDM recommends that all parties have legal representation while using the RDM program, including at the RDM conference. Parties who have a grant of legal assistance from VLA will always have a lawyer. RDM may proceed without other parties having legal representation; however, the other parties will be referred for legal advice.
RDM also has a program where children are interviewed by a trained Child Consultant before the conference. Kids Talk proceeds only if the matter is assessed as appropriate and if all parties agree. Confidential feedback is then provided to the parents verbally and in writing. This information then helps all the participants in a conference focus on the children’s needs.
Although the parents are responsible for making decisions, Kids Talk is a good way of ensuring that the children's voices are heard in the decision-making process.
Under the Legal Aid Act, information and documentation acquired during RDM is confidential and not admissible in court, except in limited circumstances.
RDM is based in Melbourne but also offers services in 20 metropolitan and regional locations. For clients who are great distances apart, or where there are violence concerns, telephone conferences are arranged.
VLA may provide legal assistance:
- by assisting you through the services of its lawyers; or
- by allocating your case to either a private lawyer or a CLC. Your lawyer or CLC must be on VLA’s referral panel.
VLA may decide which lawyers will act for you.
To apply for legal assistance, a written application must be submitted to VLA. Application forms are available from:
- all VLA offices;
- CLCs;
- private lawyers; and
- the VLA website at www.legalaid.vic.gov.au.
If you choose to nominate a lawyer or CLC to act for you, they can assist you in completing and submitting the application on your behalf. Many lawyers can now do this electronically, through a system known as e-lodgment. Alternatively, if you have not nominated a lawyer or CLC to act for you, you can send your applications directly to VLA by mail, or you can personally deliver it to a VLA office (see: Chapter 2*4 Advice Directory for a listing of VLA office addresses).
VLA may provide an urgent grant of assistance in:
- family law cases involving child abduction where recovery of the child is sought;
- Intervention Order cases in the Magistrates' Court;
- Children's Court cases; and
- Magistrates' Court criminal cases.
In family law matters, the lawyer may telephone the Finance, Assignments and Business Division of VLA (formerly the Grants Division) to request urgent legal assistance. If the request is approved, assistance will be provided on the basis that a written application is submitted within 14 days. In all other cases, the lawyer may proceed with the hearing without prior confirmation of aid from VLA on the condition that a written application is submitted within 14 days and the lawyer is satisfied that the matter otherwise qualifies for assistance.
If VLA is not ultimately satisfied that you qualified for assistance, VLA will not pay any of your costs or disbursements.
Legal assistance is not always provided free. Your financial circumstances are assessed at the time of your application under VLA's means test, and may be reviewed during and after the assistance has finished. You may be asked by VLA to make a contribution towards the cost of giving assistance if VLA believes you can afford to do so. The amount of any contribution depends on your financial situation.
VLA may also take a charge over any property in which you hold an interest to secure payment of the total costs of providing you with legal assistance. A charge is a legal document that VLA may ask you to sign so that VLA is paid back the grant money if you sell, transfer, refinance or borrow on your house or property.
In certain circumstances, Judges have the power to order VLA to provide legal assistance to accused persons in County and Supreme Court criminal trials.
You must meet the following criteria to receive legal assistance.
VLA must be satisfied that you cannot afford to pay the legal costs for the legal services you require. The means test takes account of the amount of your disposable income, your assets, and the anticipated cost of legal assistance.
When assessing income and assets, the resources of a "financially associated person" are included with yours unless that person has a contrary interest. A financially associated person is:
- anyone you usually provide support to; or
- someone who VLA could reasonably expect to give you financial support for your legal services.
Disposable income
Your disposable income is what remains after deducting or taking out:
- income tax and Medicare levy;
- housing costs up to $240 per week;
- maintenance payments or child support payments of up to $130 for the first child and up to $125 for each other child;
- dependant allowance of $130 for the first and $125 for each subsequent dependant; and
- child care expenses while earning income or study up to $240 per household per week.
Assets
Assets are defined as all property owned by you or in which you have an interest that may be used for your benefit in any way whatsoever.
Allowable deductions
These are reviewed every six months. The figures given are those current to 1 June 2010.
Certain assets are excluded from the calculation of your assets. These include:
- equity you have in your principal place of residence, up to the value of $100,000;
- equity in tools of trade, unless of exceptional value;
- household furniture and effects that are reasonably necessary;
- equity in a motor vehicle up to the value of $11,280; and
- assets of a person involved in a representative, fiduciary or official capacity, e.g. as trustee.
VLA may ask you to provide a charge over your principal place of residence to secure the costs of providing you with legal assistance.
VLA can ask you to make a financial contribution towards the cost of legal assistance. The assessment of contributions is governed by two principles:
- you shall be required to contribute to the cost of assistance according to your ability to pay without undue hardship; and
- you shall be placed in a position that is equal to but no better than a person who is not getting a grant of legal assistance.
In considering whether to provide legal assistance, VLA will also take into account your ability to borrow funds, particularly if your lifestyle, activities or interests suggest that you have access to sufficient funds to pay for the legal services you need without undue hardship.
The Guidelines cover the three main law types, under state and Commonwealth law: criminal law, family law, and civil law. You must meet the Guidelines to qualify for legal assistance. An exception may be made if special circumstances apply. Each request under special circumstances is dealt with on its individual merits.
Special circumstances – matters arising under state law
If you qualify on the means test in a state matter, but the matter is not otherwise one for which VLA would provide legal assistance, a grant may be provided if there are special circumstances, such as:
- you are under the age of 18 years;
- you have a language or literacy problem; or
- you have an intellectual or psychiatric disability.
Special circumstances – matters arising under Commonwealth law
In Commonwealth matters, other special circumstances may be considered, such as:
- if you have a physical disability;
- if there is difficulty in obtaining legal assistance because you live in a remote location; and
- if there is domestic violence or a likelihood of domestic violence in relation to a family law matter.
The VLA Handbook and Notes on the Guidelines can help you, and lawyers, in determining whether you will be eligible for a grant of legal assistance. The VLA Handbook and Notes on the Guidelines are available on VLA's website at www.legalaid.vic.gov.au (follow link to "Publications").
Independent Children’s Lawyers (ICL)
VLA will only provide legal assistance for the separate representation of a child in the clearest and most compelling cases. You will be asked to contribute to the costs of providing an ICL if VLA is of the opinion that you can afford to do so. The ICL may ask the court to order that you contribute to the total costs of the ICL.
Parenting orders
In parenting order applications, legal assistance may be provided for:
- pre-litigation and litigation intervention procedures (Primary Dispute Resolution (PDR)); and/or
- court litigation.
Pre-litigation and litigation intervention procedures
In some circumstances, VLA may grant assistance requiring you to participate in PDR. PDR is divided by VLA into two discrete grants:
- Stage 1: Roundtable Dispute Management (pre-litigation); and
- Stage 2: Roundtable Dispute Management (litigation intervention).
(See: "Roundtable Dispute Management", above).
The circumstances where a grant for RDM may be provided are described in VLA's Notes on the Guidelines. VLA expects lawyers, wherever possible, to make use of VLA’s RDM procedures. Where RDM is being considered, lawyers should call VLA’s RDM service on 9269 0500 or 1800 136 832 (country callers), or e-mail rdm@vla.vic.gov.au
Court litigation grants
Where a matter fails to resolve after PDR (or where PDR was inappropriate), a litigation grant may be made where the dispute involves a substantial issue. When seeking assistance, you must demonstrate that there are reasonable prospects of the matter being determined in your favour.
VLA's grants of legal assistance take varying forms, but are of two basic kinds: "single purpose grants" (such as recovery orders) and "broad banded grants", which enable the lawyer to conduct the matter over several stages without having to seek individual grants of assistance for each return court date. Full details can be found in the VLA Handbook, at Fee Schedule 1L.
Child support
VLA provides a specialist statewide child support service. The service assists parents who are having problems obtaining or paying child support/maintenance. The service provides face-to-face advice, telephone advice and community legal education. For more information about the child support legal service telephone 9269 0408 or 1800 677 402 (country callers).
VLA will only approve a grant of legal assistance for child support matters if you cannot use VLA's Child Support Legal Service, or another service such as a CLC.
Family law matters generally
VLA also grants assistance in other matters under the FLA. These can be viewed in the VLA Handbook, and include:
- spousal maintenance (and arrears);
- arrears of child maintenance;
- paternity proceedings;
- special medical procedures involving children;
- recovery, information and location orders;
- divorce and nullity (in limited cases);
- appeals; and
- international child abduction matters.
VLA no longer provides assistance for:
- property matters;
- advice and negotiations;
- contravention and enforcement of court orders; or
- your lawyer to instruct Counsel in family law matters.
Intervention orders
Family Violence Protection Act 2008 (Vic) ("FVPA"): VLA may provide you with legal assistance to seek an intervention order, providing the matter is listed for a contested hearing and you are likely to be successful in getting an intervention order.
VLA will provide legal assistance for you to oppose an application for an intervention order if:
Court-ordered representation: Sections 71 and 72 of the FVPA make provision for the court to order VLA to offer respondents and/or applicants in family violence matters legal representation for the cross-examination of protected witnesses at the contested hearing. VLA will not provide assistance at a directions hearing. Where the court has ordered assistance it will always be subject to VLA's usual terms and conditions.
Once an order is made, the court will notify VLA. VLA will send out a letter to the applicant/respondent enclosing a Financial Statement, which is to be returned within 14 days. VLA will not require documentary proof of means (bank statements, pension card, etc.,) where the court has made an order under section 71 or 72 of the FVPA.
If the applicant/respondent is eligible for assistance, aid will be put in place for the entire contested hearing, with or without a contribution, depending on the result of the means test.
If the applicant/respondent is ineligible for assistance in accordance with VLA's means test, or if the Financial Statement shows inconsistencies in the financial information provided, VLA will provide a limited grant for cross-examination only. The applicant/respondent will be required to pay a full contribution in these circumstances.
VLA will allocate the matter to VLA's in-house practice; where there is a conflict the matter will be allocated to a private practitioner. The applicant/respondent may request a specific lawyer by indicating this on the Financial Statement.
Stalking Intervention Orders Act 2008 (Vic): VLA will normally provide you with legal assistance to seek an intervention order, providing the matter is listed for a contested hearing and you are likely to be successful in getting an intervention order.
VLA will provide legal assistance for you to oppose an application for an intervention order if:
- you are a child; or
- you are or in custody as a result of conduct alleged to have been stalking; or
- the order would deprive you of an important right of the defendant; and
- you are likely to be successful in contesting the making of the intervention order.
Family Division - Parent or Guardian
VLA may grant assistance to respond to proceedings in the Family Division to a parent/guardian of a child, or another party who the court has determined has a direct interest, taking into account the merits and cost/benefits tests, where:
- the applicant opposes the proving of a Protection Application or Breach Application; or
- there is the finding of an irreconcilable difference; or
- there is an application to vary or extend an order; or
- the applicant seeks an alternative order to that recommended by the Department of Human Services.
Where there are no current proceedings, in the absence of compelling reasons, assistance will not be provided for applications to vary or revoke an order made in the Children's Court (Family Division).
Family Division – Children
VLA will grant assistance to a child in the Children's Court (Family Division), provided the child is sufficiently mature to give instructions (usually seven or older).
VLA may provide legal assistance in the following types of civil matters:
- hearings before the MHRB;
- hearings before the Guardianship List of the VCAT;
- appeals to the AAT from the Social Security Appeals Tribunal (SSAT);
- social security cases at the AAT and SSAT stage;
- migration cases (limited cases), where the proceedings involve either a challenge to the lawfulness of detention, OR involves differences of judicial opinion that have not been settled by the Full Court of the Federal Court, or by the High Court;
- war veterans' matters;
- equal opportunity or discrimination cases where there are strong prospects of benefit being gained by you (state and Commonwealth law) and by the public or any section of the public (Commonwealth matters);
- coroner's inquests, if there is a reasonable likelihood that you will be charged with a serious offence or where it is in the public interest for you to be represented;
- fines where you have, or had suffered at the time of the offence, from a mental disorder, intellectual impairment, brain injury or dementia. The fines must exceed $1,000 in total and there must be a strong likelihood that assistance will result in the substantial discharge of the penalties or assistance might result in the penalties being converted to a community-based order (CBO), rather than gaol;
- public interest and test cases. You will need to demonstrate, amongst other things, that the case involves a legal issue involving an untested or unsettled point of law that affects or is of broad concern to significant number of disadvantaged people; and
- to defend a civil action where the defendant is at immediate risk of losing their home and there are strong prospects of success. An example would be where the landowners gave their property as security for a loan to another person, and did not receive proper legal advice before signing the mortgage document.
VLA will not provide legal assistance in the following types of matters:
- cases at the Residential Tenancies List of VCAT;
- town planning disputes;
- Royal Commissions or parliamentary inquiries;
- internal disputes in organisations;
- proceedings on behalf of unincorporated associations;
- employment disputes;
- building disputes;
- change of name applications;
- commercial or business disputes;
- testator family maintenance applications;
- preparation of wills;
- generally, to a plaintiff seeking damages or the recovery of property in a common law, equitable or statutory action; and
- generally, to defend civil actions, unless to a defendant as described above.
If you are pleading "not guilty" to a criminal matter in the Magistrates' Court you must show that you have a realistic prospect of acquittal on the most serious charge, and that the likely penalty, if you were convicted on all or any of the charges, would be fines in excess of 7.5 penalty units.
If you are pleading "guilty" to a criminal matter in the Magistrates' Court you must show that a conviction would likely result in:
- imprisonment;
- a suspended sentence;
- an intensive correction order (ICO); or
- a CBO of more than 200 hours.
In road traffic cases the guideline is more stringent. If you are pleading "not guilty" you must show that you have a realistic prospect of acquittal on the most serious charge, and that the likely penalty, if you were convicted on all or any of the charges, would be imprisonment, a suspended sentence, or an ICO. If you are pleading guilty to a road traffic matter you must show that a conviction would be likely to result in imprisonment, a suspended sentence or an ICO.
In Commonwealth summary prosecutions, VLA may provide assistance for a defended criminal matter if there are reasonable prospects of acquittal, and:
- conviction would be likely to have a significantly detrimental effect on your livelihood or employment;
- it would be unreasonable to expect you to adequately represent yourself owing to special circumstances; or
- you are a child.
Where it is in the interest of justice, legal assistance will generally be provided for indictable matters in the County or Supreme Courts. Assistance is offered for committal proceedings where there is likely to be significant benefit from representation. A grant of legal assistance for committal proceedings is generally limited to two days of the hearing.
VLA will grant assistance to a child appearing in the Criminal Division of the Children's Court, with the exception of minor matters such as public transport fare evasion.
If the means test (see: "Qualifying for legal assistance", above) is satisfied, VLA may provide legal assistance if the following criteria are also satisfied:
- If it is reasonable to provide a grant of legal assistance, having regard to all relevant matters. This includes:
- assessing the benefit or detriment that might accrue if the proceeding was (or was not) aided;
- whether (in some cases) the matter (if aided) would be determined in your favour; and
- (in the case of a criminal appeal) whether there are reasonable grounds for the appeal.
- That it is in the interests of justice to do so. In deciding this, the merits of the application will be considered when determining the extent of legal representation to be provided.
The Supreme and County Courts can order that legal assistance be provided if a defendant in a criminal trial cannot afford a lawyer and cannot receive a fair trial without one. Where the court has ordered assistance, it will always be subject to VLA's usual terms and conditions.
If VLA provides you with legal assistance you are required to comply with the following conditions, which apply to all assisted persons (other than war veterans' matters). You must tell VLA immediately if:
- there is any change in your address while you are receiving legal assistance;
- there is any change in the financial or other circumstances set out in the application;
- you become aware of any other information that is likely to affect your entitlement to legal assistance or the conditions and special terms on which legal assistance is provided,
and you must:
- authorise any lawyer who is acting for you, or who has acted for you in the past, to give VLA any information necessary for it to perform its functions under the Legal Aid Act;
- instruct your lawyers that if any money is received on your behalf during the period of legal assistance, sufficient funds must be held from it to cover the cost of providing the legal assistance; or
- undertake that if a court awards you costs, or another party agrees to pay costs to you, those costs are to be paid to VLA.
You also must acknowledge that:
- when completing your legal aid application form it is an offence to:
- fail to provide information required of you that is relevant to the application for assistance;
- provide a document to VLA in connection with your application for legal assistance that is false or misleading;
- make a false or misleading statement either orally or in writing in relation your application for legal assistance;
- if you do not observe any of the terms or conditions of legal assistance, VLA may cancel or change the conditions of legal assistance;
- if you do not follow the advice of the lawyer appointed to act for you VLA may stop the legal assistance;
- if VLA stops your legal assistance, you may have to pay all your legal costs up to the time legal assistance is stopped;
- VLA may in certain circumstances take charge over your property (an explanation of charges is available on VLA's website at www.legalaid.vic.gov.au: follow the links to Chapter 4 of the Grants Handbook); and
- you may be required to provide VLA with up-to-date financial information, together with proof of income and assets at any time during or after the period of legal assistance, and if you do not provide the information VLA may seek immediate repayment of all legal costs (including amounts secured by your property).
If you object to the terms of assistance, you may have the right to ask that a decision about providing legal assistance is reconsidered and/or reviewed. Those provisions are outlined below in "Complaints, reconsiderations and reviews". Note, however, that under the Legal Aid Act, not all decisions about the provision of legal services may be reconsidered and/or reviewed.
More information about legal assistance is set out in the guide and application form for grants of legal assistance, available from VLA offices and the VLA website at www.legalaid.vic.gov.au/upload/vla_app_form.pdf.
The Commonwealth has set a maximum amount it will pay in costs and disbursements (other than interpreters' fees) when providing legal assistance in Commonwealth matters.
The cost ceilings at 1 June 2010 (GST exclusive) were:
- $12,000 for adults in family law matters;
- $18,000 for Independent Children's Lawyers; and
- $40,000 for Commonwealth criminal trials in the County or Supreme Courts.
Once the cost ceiling is reached, VLA may only pay further fees or costs if it considers you will suffer undue hardship should further assistance not be granted. VLA calculates what remains within the cost ceiling by taking into account all previous family law files that were case finalised on or after 1 January 2000. This does not apply if VLA determines that a family law matter is a "new matter". Also, the costs incurred in a Recovery Application are not included in the family law cost ceiling.
Appeals are considered a "new matter" for the purpose of calculating the cost ceilings.
There are also limits to the extent of legal assistance for each stage of legal proceedings. Further information on these limits is set out in the VLA Grants Handbook, available from VLA offices and on the website at www.legalaid.vic.gov.au.
If you are receiving legal assistance (either from a VLA lawyer or a private lawyer) you can make a complaint to VLA if you do not believe that the case is being handled properly. Complaints should be made in writing to the Investigations Officer at VLA.
If the Investigations Officer is unable to help you to resolve the complaint, or the complaint concerns professional conduct of a VLA lawyer or VLA funded private lawyer, you may be referred to another organisation, for example, the Legal Services Commissioner (see: Chapter 2*2 Legal Representation for further details).
VLA is subject to the Freedom of Information Act 1982 (Vic). FOI requests must be made in writing to the Freedom of Information Officer at VLA. The request should describe the documents required. VLA must respond to an FOI request within 45 days.
If you are not satisfied with the outcome of an application for assistance or a decision made by VLA, you may request reconsideration of the decision. The request for reconsideration should be made in writing and must be made within 14 days of the date of the initial decision.
Reconsideration is, in effect, a fresh examination of the decision by another officer of VLA. The original decision can be either confirmed or varied. If you are dissatisfied with the decision of the reconsidering officer, you may request to have the matter reviewed by an independent reviewer.
An independent reviewer can review a decision relating to the provision of legal assistance. Any request for review must be made in writing within 21 days of the reconsidered decision.
Independent reviewers are appointed by the Attorney-General and are independent of VLA. Decisions of an independent reviewer are final. There are no further avenues of appeal within VLA.
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WHAT DOES VICTORIA LEGAL AID DO? :: Last updated: Thu Jul 1st 2010