CLCs, VLRCs, VCAT Flashcards
vla
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
vla most important role
to provide legal aid to accused people
vla key objectives
-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
vla methods of assistance
-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)
income test
-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
means test
-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
merits test
a threshold test which must be satisfied in most Commonwealth law matters
who does the vla priotise
people who
-are disabled
-are homeless
-cannot speak English
-are Indigenous Australians
common vla criticims
-not enough funding to meet demands
-a large part of the community is ineligible
clcs
clcs are independent organisations that provide free legal services, including advice, information and representation to people who cannot access other legal services
generalist clcs
provide broad legal services to people in a particular geographical area
specialist clcs
focus on a particular group of people or area of law
role of clcs
-provide people with legal information, advice and minor assistance
-also help victims of crime and their families
clc types of assistance
-basic legal information
-initial legal advice
-duty lawyer assistance
-legal casework
clc eligibility criteria (general)
-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
cav
CAV is a complaints body which offers free dispute resolution services to people who make a complaint about another policy
cav purposes
-laws about the sale and purchase of goods and services
-provides consumers and traders, and landlords and tenants, with a dispute resolution process
cav dispute resolution methods
-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
cav considerations
-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
cav jurisdictions
-the sale of goods and services
-residential tenancies
-retirement villages
cav strengths
-CAV’s conciliaition service is free
-the process is informal
-CAV aims to resolve matters in a timely manner
cav weaknesses
-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
vcat
a dispute resolution tribunal
tribunal
dispute resolution bodies that deal with a limited area of law and build up an expertise in that area
vcat divisions
administrative, civil, human rights, planning and environment, residential tenancies
vcat divisions
administrative, civil, human rights, planning and environment, residential tenancies
vcat’s purpsose
to provide Victorians with a low-cost, accessible, efficient and independent tribunal
vcat dispute resolution methods
-mediation
-compulsory conferences (use conciliation)
-a final hearing before a member
mediation
-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
vcat appeals
-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
vcat’s jurisdiction
-purchases of sales and goods
-disputes between tenants and landlords
-discrimination/sexual harrassement
-domestic building works
-lawyers, lawyers’ contracts, legal services
vcat cannot hear
-representative proceedings
-disputes between employers/employees
-disputes involving federal or state law
vcat strengths
-normally cheaper than courts
-flexible (fairness + equality)
-informal
vcat weaknesses
-cannot create precedent
-there is a limited right to appeal
-cannot solve some large and complex cases
