CLCs, VLRCs, VCAT

Question 1

vla

Answer 1

the vla is a government agency that provides free legal advice to the community and low or no-cost legal representation to those who cannot afford it

Question 2

vla most important role

Answer 2

to provide legal aid to accused people

Question 3

vla key objectives

Answer 3

-legal aid act 1978
-provide legal iad in th emost effective, efficient and economic manner
-manage its resources to make legal aid available at a reasonable cost to the community

Question 4

vla methods of assistance

Answer 4

-free legal aid (available to everybody)
-free legal advice (focused on people who need it the most)
-free duty lawyer services (fact sheets = everybody, advice = people who pass the income test, representation = income test, vla priority and/or serious charge)
-grants (pass the means tes)

Question 5

income test

Answer 5

-pass if they can produce a current Centrelink benefit card or prisoner concession card
-for people who need legal advice from a duty lawyer on a particular day

Question 6

means test

Answer 6

-sets thresholds for an applicant’s income and assets as well as their expenses and legal costs
-for people seeking grants of legal assistance during the trial process

Question 7

merits test

Answer 7

a threshold test which must be satisfied in most Commonwealth law matters

Question 8

who does the vla priotise

Answer 8

people who
-are disabled
-are homeless
-cannot speak English
-are Indigenous Australians

Question 9

common vla criticims

Answer 9

-not enough funding to meet demands
-a large part of the community is ineligible

Question 10

clcs

Answer 10

clcs are independent organisations that provide free legal services, including advice, information and representation to people who cannot access other legal services

Question 11

generalist clcs

Answer 11

provide broad legal services to people in a particular geographical area

Question 12

specialist clcs

Answer 12

focus on a particular group of people or area of law

Question 13

role of clcs

Answer 13

-provide people with legal information, advice and minor assistance
-also help victims of crime and their families

Question 14

clc types of assistance

Answer 14

-basic legal information
-initial legal advice
-duty lawyer assistance
-legal casework

Question 15

clc eligibility criteria (general)

Answer 15

-type of legal matter
-whether other assistance is available
-whether the person has a good chance of success
-whether the accused can manage the case without assistance

Question 16

cav

Answer 16

CAV is a complaints body which offers free dispute resolution services to people who make a complaint about another policy

Question 17

cav purposes

Answer 17

-laws about the sale and purchase of goods and services
-provides consumers and traders, and landlords and tenants, with a dispute resolution process

Question 18

cav dispute resolution methods

Answer 18

-conciliation, primarily over the phone
–involves the assistance of a third, neutral party, the conciliator
—does not make suggestions on behalf of the parties
—usually has specialist knowledge
–if the party comes to an agreement, they can sign a terms of settlement which is enforceable by the courts

Question 19

cav considerations

Answer 19

-whether the dispute is within their jurisdiction
-whether the dispute is likely to be resolved
-whether there are other ways to solve the dispute
-whether the issue has already been dealt with

Question 20

cav jurisdictions

Answer 20

-the sale of goods and services
-residential tenancies
-retirement villages

Question 21

cav strengths

Answer 21

-CAV’s conciliaition service is free
-the process is informal
-CAV aims to resolve matters in a timely manner

Question 22

cav weaknesses

Answer 22

-not all cases are accepted
-CAV has no power to compel parties to undergo conciliation
-informal nature means the parties may not take the matter seriously

Question 23

vcat

Answer 23

a dispute resolution tribunal

Question 24

tribunal

Answer 24

dispute resolution bodies that deal with a limited area of law and build up an expertise in that area

Question 25

vcat divisions

Answer 25

administrative, civil, human rights, planning and environment, residential tenancies

Question 26

vcat divisions

Answer 26

administrative, civil, human rights, planning and environment, residential tenancies

Question 27

vcat’s purpsose

Answer 27

to provide Victorians with a low-cost, accessible, efficient and independent tribunal

Question 28

vcat dispute resolution methods

Answer 28

-mediation
-compulsory conferences (use conciliation)
-a final hearing before a member

Question 29

mediation

Answer 29

-cooperative method of resolving a dispute
-mediator does not interfere or offer legal advice, and also does not need to be an expert
-terms of settlement may be drawn up to make the decision legally binding
-claims between $100 and $10 000 may be eligible for fast-track

Question 30

vcat appeals

Answer 30

-only on a question of law
-if the tribunal was overheard by a (vice) president, the appeal will be heard in the court of appeal

Question 31

vcat’s jurisdiction

Answer 31

-purchases of sales and goods
-disputes between tenants and landlords
-discrimination/sexual harrassement
-domestic building works
-lawyers, lawyers’ contracts, legal services

Question 32

vcat cannot hear

Answer 32

-representative proceedings
-disputes between employers/employees
-disputes involving federal or state law

Question 33

vcat strengths

Answer 33

-normally cheaper than courts
-flexible (fairness + equality)
-informal

Question 34

vcat weaknesses

Answer 34

-cannot create precedent
-there is a limited right to appeal
-cannot solve some large and complex cases