4.2 Victoria Legal Aid (VLA) Flashcards
Duty Lawyer
a VLA lawyer who is at court (on duty, on a particular day) to help people who come to court for a hearing. They can give information about what happens in court, offer legal advice and represent the accused that day.
Income Test
the test applied by Victoria Legal Aid (VLA) to determine whether a duty lawyer can represent an accused. The test is satisfied when the accused can show they have limited income (e.g. their primary source of income is social welfare provided by government)
Means Test
the test applied by Victoria Legal Aid (VLA) to determine whether an applicant qualifies for legal assistance or representation in court (beyond the services of the duty lawyer on the day). It takes into account the applicant’s income, assets and expenses.
Appeal
an application to have a higher court review a ruling (decision).
Sue
to take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some legal wrong that negatively affected the plaintiff)
Victoria Legal Aid
SOK
an independent statutory authority established under the Legal Aid Act 1978 (Vic), funded by state and Commonwealth governments to provide legal aid to Victorians who cannot afford their own lawyer. ‘Legal aid’ is defined broadly as legal education, information, advice and representation.
What is the role of VLA
- provide legal aid in the most effective, economic + efficient manner
- manage its resources to make legal aid at a reasonable cost + equitable basis
- provide community with improved access to justice/remedies
- Puruse innovative means of providing legal aid to minimise need for individual services
- Ensure coordination of legal aid/assistance/information
Outlined in s4 Legal Aid Act 1978 (Vic)
RE: VLA
What are the types of Assistance for accused people
- Free legal Information (online)
- Free Legal Advice (Help Before Court - mag. court only)
- Duty Lawyers (if passed income test + merits test)
- Grants of assistance (if passed means test and merit test)
Merits Test
A test that assesses (in relation to the VLA) whether assistance should be made available, considers the benefit / detriment that a grant might give to the person or public (e.g. whether in interests of justice)
RE: VLA
What are the types of assistance victims of Crime can receive
- Free Legal Information (online, in languages etc.)
- Free Legal Advice (how to make applications for financial compensation) - limited to those seeking financial compensation for loss
- Duty Lawyer - provide advice, information, and sometimes represent (no income test, but disabled are prioritised)
What are the Strengths of the VLA
Pros:
* Free Legal Info online available online to everyone
* Free legal advice/assistance given to those in need first (prioritise vulnerable)
* more than 30 languages
* online tools (chat, phone, website), RRR ppl happy
What are some weaknesses of the VLA
- Free legal info online may not be enough (i.e. indictable offenders)
- has limited resources - so must apply criteria to give to those who need it
- Depends on continued funding (sensitive to demand for aid)
- depends on whether people know of VLA + have tech
