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

Legal Aid Program

 

What is legal aid?

The provision of legal aid is a core element in promoting access to justice.  It is the main way for disadvantaged members of the community in need of legal assistance to obtain legal services.

 

How do you get legal aid?

People seek legal aid through the Legal Aid Commissions in each State and Territory.  Links to the commissions are available on the left side of this page (under ‘related websites’).  The commissions provide a range of services in the areas of criminal, family and civil law.  Services include information, advice and minor assistance (eg document preparation), primary dispute resolution, duty lawyer services, family conferencing to resolve disputes, and grants of aid for legal representation.

 

Is legal aid free?

Some legal aid services are free of charge.  However, legal representation is subject to means and merits testing, and not all applicants will be eligible for a grant of aid.  Successful applicants may also be required to pay a contribution towards the cost of resolving their case.  This contribution is based on the applicant’s financial situation and the cost of the matter.

Grants of aid for legal representation for Commonwealth law matters are provided in accordance with priorities and guidelines issued by the Attorney-General.

 

Who provides legal aid?

Legal aid is provided through Legal Aid Commissions established under State and Territory legislation. 

To assist clients with legal representation, legal aid commissions use in-house salaried lawyers, as well as private legal practitioners.  This 'mixed model' of service delivery is advantageous for providing services to clients living in rural, regional or remote areas.  It also ensures that representation is available for all who need it, particularly where a conflict of interest means the same lawyer cannot represent both parties in a matter.

 

Who pays for legal aid?

The provision of legal aid for cases arising under Commonwealth law is funded by the Australian Government under agreements with the commissions and the State and Territory governments.  Each State and Territory Government funds legal aid services for cases arising under its own laws.

 

Legal Aid Commissions

Legal aid commissions are independent statutory authorities which provide access to the law and legal assistance for financially and socially disadvantaged people.

There are legal aid commissions in every State and Territory.

Legal aid commissions provide the following services for matters arising under Commonwealth laws:

  • Information and referral—by telephone or at the reception counter of the commissions,
  • Legal advice and minor assistance, which can include preparation of simple documents or correspondence—by telephone or through face-to-face appointments,
  • Legal education—seminars, publications and do it yourself kits,
  • Duty lawyer services at Courts, and
  • Grants of aid for legal representation in Commonwealth criminal, family and civil law matters.

 

Applying for legal aid

Grants for legal representation can be provided to people who meet means and merits tests.
These tests assess your income, assets and the merits of your claim. There is often a small contribution and in some cases you may have to repay some or all of the costs of your representation.

Application forms are available from Legal Aid Commission offices. Some offices allow you to apply online.

If your application is successful, the work may be handled in-house by a legal aid lawyer or a private lawyer who is paid to represent you.

 

Family law conferences

Before making a grant of  legal aid for litigation in a family law matter, commissions are required by the Commonwealth legal aid guidelines to consider whether or not a matter might be better settled through mediation rather than by going to court.

If the commission considers that mediation is appropriate, the grant of assistance will be made for a family dispute resolution conference.  The grant of assistance is made to allow the assisted party to be represented by his/her lawyer at the conference. 

The aim of the mediation conference is to help you and the other person reach an agreement through a less stressful, non-adversarial, process.  Where appropriate, Consent Orders may be prepared and lodged with the court.

 

Community Legal Centres

There are many community legal centres throughout Australia. These centres are funded by State/Territory and Federal governments to provide a range of legal services to their local community, including legal advice, ongoing legal assistance, legal education and law reform.

There is usually no means test at community legal centres, although there are some areas of law that centres do not deal with, such as taxation and commercial disputes.

Because community legal centres cater for their own community, they all operate in a slightly different way. Some provide only advice, some provide ongoing legal services in specific areas, and some provide ongoing services across a broad range of areas.

 

Commonwealth Legal Aid Priorities and Guidelines

Grants of aid for legal representation for Commonwealth law matters are provided in accordance with priorities and guidelines issued by the Attorney-General. You can download a copy of the priorities and guidelines here.