Legal Aid Flashcards
What is Legal Aid?
Victorian Legal Aid is a gvt agency that provided free legal advice to the community and low cost or no cost legal representation for people who can’t afford a lawyer.
This puts the accused on a level playing field with the prosecution.
What is VLA’s role?
- To provide legal aid in the most efficient, economic and effective manner possible
- to manage its resources to make legal aid available at a reasonable cost throughout Victoria.
- to provide the community with improved access to justice and legal remedies.
- to provide legal information to masses. Eg give books to students
What are types of VLA available?
- Free legal education and information about the law
- Free Legal advise
- duty lawyer for in the day representation: only available in the magistrates court and children’s court. Must satisfy income test.
- Grant if legal assistance: the accused is given a sum of money, to help prepare their case. Grants are only give, if an accused satisfy a means test and the grant helps the accused and the public.
Who can the VLA help?
People who:
- Cannot afford a lawyer
- Are at risk of homelessness
- Aboriginal Australians
- A child under 18 (going to a children’s court).
- Have an intellectual disability. Etc…
What does the VLA test consist of?
Income: This test is satisfied when an accused can show they have limited income. Eg their main income is social welfare. They sign a declaration stating they have limited income.
Means/assets: this is to test whether the accused is eligible for legal representation (beyond the duty lawyer on the day). It takes into account the applicants income, assets and liabilities.
State reasonableness test: The benefits and detriments to the individual and the community as well as the strength of the case.
