Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Special Circumstances (Overseas) Scheme

Under the Special Circumstances (Overseas) Scheme, Australians involved in proceedings overseas may be eligible, in limited circumstances, to receive financial assistance from the Australian Government to help meet their overseas legal and related costs.

The Guidelines for the Scheme set out the eligibility criteria.

Assistance under this Scheme is provided only in the most exceptional circumstances, for example where the Australian Government has a direct involvement in the matter, or in overseas criminal cases where the applicant is facing a lengthy period of imprisonment or the death penalty. In the absence of special circumstances, a lack of financial means to pay for overseas legal fees is not sufficient in itself to justify the provision of financial assistance.

If legal assistance is available in the overseas jurisdiction, usually the applicant will not be eligible to receive financial assistance under this Scheme. The Scheme is not intended to be used to enable an applicant to hire a private lawyer in place of an overseas legal aid lawyer, court-appointed lawyer or public defender.

As one of the Scheme’s criteria is the extent of the applicant’s connection with Australia, financial assistance is usually not available under the Scheme for Australians who have left Australia to settle overseas.

The Scheme generally does not cover legal costs incurred by the applicant in Australia.

Applications can be made throughout the year and will be assessed upon receipt by the Attorney-General’s Department. Generally, a grant of financial assistance will not extend to costs incurred prior to the Department receiving an application.

This Scheme does not cover costs related to recovering custody of a child. However, financial assistance may be available under the Overseas Custody (Child Removal) Scheme for that purpose.

To apply for assistance under the Special Circumstances (Overseas) Scheme, the applicant must complete an application form:

All applications for assistance should be lodged with:

Assistant Secretary
Legal Assistance Branch
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600

Telephone: (02) 6141 4770
Facsimile: (02) 6141 4926