chapter 4.2

Question 1

victorian legal aid

Answer 1

VLA is a victorian governement funded agency that provides governemnt funded quality legal assistance, advice and representation for people charged with offences who cannot otherwise afford it, with a focus on those who are disadvantged or at risk of social exclusion.

Question 2

objectives of VLA

Answer 2

• provide legal aid in the most effective, economic and efficient manner
• manage its resources to make legal aid available at a reasonable cost to the community and on an
  equitable basis throughout Victoria
• provide the community with improved access to justice and legal remedies
• Find new ways to provide legal aid and reduce the need for individual services.
• Ensure legal aid services are well-coordinated to meet community needs.

Question 3

duty lawyer

Answer 3

a VLA lawyer who is
at court (on duty, on a
particular day) to help
people who come to
court for a hearing

Question 3

Types of assistance for accused people

Answer 3

• free legal info: available to all accused people
• free legal advice: depending on an accused income
• duty lawyer services: only available in the magistrate court and the childrens, must satisfy income test
• grants of legal assistance: must meet the means test

Question 4

income test

Answer 4

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)

Question 5

means test

Answer 5

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

Question 6

eligibility for grants of legal assistance

Answer 6

VLA looks at
- what there case is about
- the likely benefit to them
- if helping them will benefit the public
- their financial situation

Question 7

types of assitance for victems of crim

Answer 7

• free legal info: free legal info and education to all victorians
• free legal advice: for victims who are seeking assistance when obtaining financial compensation for loss they have suffered
• Duty lawyer services: VLA’s resources are limited, so it provides duty lawyer services to victims who are most in need of legal help. While no income test applies, children and adults who have a disability are
  prioritised
• Grants of legal assistance: VLA has strict guidelines as to when it will provide
  a grant to a victim of crime. Generally, the state reasonableness test will need to be satisfied, which requires VLA to consider various factors, such as the extent of any benefit or detriment (disadvantage) that a grant might give to the person or the public.

Question 8

strengths of VLA

Answer 8

strength:
- free legal info is avialble to everyone no matter their income or means
- priorities the most vulnerable in society
- some legal info is provided in more then 30 languages
- easy access for people who live in regional, rural and remote areas because of online chats, telephone services and website

Question 9

weakness of VLA

Answer 9

• may not be enough information
• does not have unlimited funding, so it must apply criteria to ensure its funding is used appropriately
• the ability of vla is meet demand for services depends on continues funding and increased in demand could mean fewer people are eligble for legal aid
• some people may not have technological access