Commonwealth legal financial assistance

The Special Circumstances Scheme funds the reasonable costs of legal representation for Australian or overseas proceedings in special circumstances.

The Overseas Child Abduction Scheme funds the reasonable legal costs of your legal representation if you are the parent or guardian of a child who is being retained in another country, by the other parent or guardian, without your consent.

The Disbursement Support Scheme funds the cost of legal disbursements in non-criminal Commonwealth cases.

The Commonwealth Public Interest and Test Cases Scheme funds the reasonable costs of legal representation for Commonwealth cases that are of public importance.

The International Child Abduction Respondents Scheme funds the reasonable costs of legal representation for eligible parents. You may be eligible if you are responding to proceedings brought under the Family Law (Child Abduction Convention) Regulations 1986 in an Australian court. These proceedings would seek the return of a child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The Scheme for Overseas Criminal Matters Involving the Death Penalty funds the reasonable costs of legal representation for Australians facing criminal charges involving the death penalty in an overseas country.

The Afghanistan Inquiry Legal Assistance Scheme funds the reasonable costs of legal representation for current and former serving Australian Defence Force (ADF) members who are the subject of, or participating in, criminal investigations and prosecutions relating to matters arising from the Afghanistan Inquiry.

Under the Australian Security Intelligence Organisation (ASIO) Scheme, we may provide legal financial assistance if you are summoned by ASIO to appear before a prescribed authority for questioning under section 34JE of the Australian Security Intelligence Organisation Act 1979.

Under section 30 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, we may help you if you are:

• seeking a declaration under the Act
• likely to be adversely affected by a declaration under the Act
• being charged with an offence under the Act.

Under sections 54C and 74A of the Aboriginal Land Rights (Northern Territory) Act 1976, we may help you if you are appearing before a commissioner on behalf of Aboriginals in relation to a claim of traditional lands or adjoining waters in the Northern Territory.

Under subsection 59(3) of the Administrative Review Tribunal Act 2024 (ART Act), we may help a party to a proceeding where the Attorney-General gives written notice and becomes a party to the proceeding in the Tribunal.

Under section 294 of the ART Act, we may help you if you apply to the Tribunal for a review of a decision, refer a Tribunal decision to the guidance and appeals panel, or are a party to a proceeding in the Tribunal.

Under section 27 of the Australian Crime Commission Act 2002, we may help you if you are:

• summoned to give evidence before the Australian Crime Commission
• seeking a review of a decision made under this Act before the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).

Under section 46PU of the Australian Human Rights Commission Act 1986, we may help you if you are commencing proceedings for unlawful discrimination in the Federal Court or Federal Circuit and Family Court of Australia (Division 2). We may also help a respondent to such proceedings.

Under section 170 of the Competition and Consumer Act 2010, we may help you if you are involved in proceedings before the Federal Court, the Australian Competition and Consumer Commission or the Australian Competition Tribunal under certain parts of the Act.

Under regulation 9 of the Defence Force Discipline Appeals Regulations 2016, we may help you if you are appearing before the Defence Force Discipline Appeals Tribunal if the Tribunal orders that legal assistance be granted.

Under sections 324(1) and 326(1), (4) and (5) of the Fair Work (Registered Organisations) Act 2009, we may help parties (other than organisations or branches of organisations) to proceedings before the Federal Court relating to registered organisations.

Under section 66 of the Freedom of Information Act 1982, we may reimburse you if:

• you successfully appeal a decision made under this Act before the Administrative Review Tribunal
• the Tribunal makes a recommendation for your costs to be paid by the Commonwealth.

Under section 69(3) of the Judiciary Act 1903, we may help defendants in trials of federal indictable offences if a Justice in Chambers or a Supreme Court Judge certifies that counsel be appointed.

Under section 78B(4) of the Judiciary Act, we may reimburse parties for additional costs caused by an adjournment of proceedings to allow for notice of a constitutional matter to be given to the Commonwealth or State Attorney-General.

Under subsection 6(7) of the Jurisdiction of Courts (Cross-vesting) Act 1987, we may reimburse parties for additional costs caused by an adjournment of proceedings in a Supreme Court to allow for notice of a special federal matter to be given to the Commonwealth or State Attorney-General.

Under part 4 of the National Anti-Corruption Commission Regulations 2023, we may help you if you:

• are represented at a hearing of the commission by a legal practitioner
• have applied or propose to apply for review under the Administrative Decisions (Judicial Review) Act 1977 to the Federal Court or the Federal Circuit and Family Court of Australia for an order of review in respect of a matter arising under the Act.

Under section 63 of the Privacy Act 1988, we may help:

• a respondent, who is not an agency or the principal of an agency, in privacy matters where a tax file number complaint is dismissed
• a party to a proceeding for the enforcement of a determination of the Privacy Commissioner before the Federal Court or Federal Circuit Court.

Under section 102 of the Proceeds of Crime Act 1987, we may help a person affected by proceedings seeking forfeiture orders or restraining orders against the property of a person convicted of, or charged with, a federal indictable offence. This scheme only applies to matters arising before the commencement of the Proceeds of Crime Act 2002 on 1 January 2003.

Under section 19 of the War Crimes Act 1945, we may help a person charged with war crimes committed in Europe during World War II who are being brought to trial in criminal courts in Australia.