Financial Assistance
The Australian Government provides direct financial assistance under a number of schemes to people needing help to address matters involving Commonwealth law in circumstances where legal aid is not available.
The Financial Assistance Section is responsible for administering 21 statutory and nine non-statutory financial assistance schemes.
The Attorney-General has delegated power to officers in the Legal Assistance Branch to authorise financial assistance to eligible applicants. The majority of schemes have guidelines which include hardship and reasonableness tests for eligibility.
Information on all the schemes and relevant guidelines is provided below.
Native Title Financial Assistance Schemes
Designated employees in the Legal Assistance Branch may approve financial assistance for native title matters, to persons other than those claiming to hold native title.
Other Financial Assistance Schemes
Designated employees in the Legal Assistance Branch may approve financial assistance under 27 non-native title schemes of assistance. The statutory schemes include the following:
- Administrative Appeals Tribunal Act 1976 - sections 30A and 69,
- Federal Proceedings (Costs) Act 1981 and
- Trade Practices Act 1974 - section 170.
Non-statutory schemes include the following:
- Clarke Inquiry Financial Assistance Scheme
- Equine Influenza Inquiry Financial Assistance Scheme
- Commonwealth Public Interest and Test Cases Program,
- Inquiry into Certain Australian Companies in Relation to the UN Oil-for-Food Programme,
- Overseas Custody (Child Removal) Program, and
- Special Circumstances (Overseas) Program.
Further details on these and other schemes may be obtained from the Legal Assistance Branch (Financial Assistance Section) on (02) 6250 6770.
Key legislation for Financial Assistance Scheme
- Aboriginal and Torres Strait Islander Heritage Protection Act 1984, section 30
- Aboriginal Land Rights (Northern Territory) Act 1976, sections 54C and 74A
- Administrative Appeals Tribunal Act 1975, section 69
- Australian Crime Commission Act 2002, section 27
- Defence Force Discipline Appeals Regulations, regulation 11
- Federal Proceedings (Costs) Act 1981, sections 6, 7, 7A, 8, 9, 10 and 10A
- Freedom of Information Act 1982, section 66
- Human Rights and Equal Opportunity Commission Act 1986, section 46PU
- Judiciary Act 1903, subsection 69(3)
- Judiciary Act 1903, subsection 78B
- Jurisdiction of Courts (Cross-Vesting) Act 1987, subsection 6(7)
- Native Title Act 1993, section 183
- Privacy Act 1988, section 63
- Proceeds of Crime Act 1987, section 102 (not Proceeds of Crime Act 2002)
- Trade Practices Act 1974, section 170
- War Crimes Act 1945, section 19
- Workplace Relations Act 1996, section 324
Downloads
Guidelines on the Provision of Financial Assistance by the Attorney-General under the Native Title Act 1993 - 222KB
Guidelines on the Provision of Financial Assistance by the Attorney-General under the Native Title Act 1993 - 297KBFinancial assistance for legal related costs before the Inquiry - UN Oil-for-Food - 43KBEquine Influenza Inquiry Financial Assistance Scheme Guidelines - 49KBEquine Influenza Inquiry Financial Assistance Scheme Guidelines - 30KB