DP6 - The role of VLA and CLC's Flashcards
Understand how Victorian Legal aid and Community Legal centers uphold the principles of justice
What is VLA?
An independent statutory authority funded by the government, supporting improved access to justice in Victoria by providing legal information, advice and (limited) representation services.
What are the roles of VLA?
- Provide free legal information
- Provide legal advice
- Provide low-cost or no-cost legal representation
What does providing free legal information entail?
Providing online and hardcopy resources, outlining legal rights and responsibilities
- available to everyone, and is general.
What does providing legal advice entail to an accused?
To an accused, they provide specific feedback, such as possible defences, likelihood of success, and legal processes.
What does providing legal advice entail for a victim?
What to include in VIS
How to apply for victims of crime compensation
registration on victims register
Who is legal advice available to, and how do they access it?
Not available to everyone
- VLA determines eligibility based on circumstances (financial situation, nature + seriousness of issue)
How does providing low cost or no cost legal representation work?
VLA can provide duty lawyers, priority to people who cannot afford a private lawyer, or if they are vulnerable.
- must pass an income test
What does a duty lawyer do?
Provides advice or representation for the day of the hearing ONLY, in the Magstrates and Children’s courts.
Who do duty lawyers proritise?
Accused: in custody or facing a serious penalty
Victims: who are seeking personal safety or intervention order
What is a grant of legal assistance?
VLA may fully or partly fund a lawyer to prepare a case and provide representation in court.
This can be VLA lawyer or a private lawyer funded by VLA
How can you be eligible for a grant of legal assistance?
Determined by merits test of case, and means test (income and assets of accused)
- to see if accused can pay for lawyer
When can someone obtain a grant of legal assistance?
More difficult to obtain, but may be used for family violence or personal safety intervention order
What is a community legal centre?
Independent, self-managed organisations, which are largely or partly funded through donations.
- support improved access to justice in Victoria
- usually family and civil law
What are the two types of CLCs
Generalist - provides services to geographical area (e.g bayside)
Specialist - Provide services for particular group of people, or area of law (e.g people under 25)
What are the roles of CLCs?
Provide free legal information
Free legal advice
Legal casework services including representation
