Caretaker conventions now in place

Ahead of the 2025 federal election the Australian Government has assumed a caretaker role.

We are operating in accordance with caretaker conventions. 

Expensive Commonwealth Criminal Cases Fund

Funding for legal aid commissions (LACs) for Commonwealth law-type matters is administered by state and territory governments under the National Legal Assistance Partnership 2020-25 (NLAP).

In addition to funding under the NLAP, legal aid commissions can apply for funding under the Expensive Commonwealth Criminal Cases Fund (ECCCF) for costs incurred in representing clients in:

  • serious, high cost, Commonwealth criminal matters (such as drug importation, people smuggling, terrorism, fraud and slavery)
  • Commonwealth post-sentence orders (such as continuing detention orders).

The ECCCF ensures that legal aid commissions have sufficient resources to represent people who cannot afford private legal representation and have been charged with serious Commonwealth criminal offences or are subject to an application for a post-sentence order.

The funding prevents matters from being adjourned, postponed or stayed in accordance with the principle established by the High Court’s decision in Dietrich v The Queen (1992) 177 CLR 292 and ensures LACs do not need to reallocate funding away from other Commonwealth service priorities, such as family law matters.

New funding rounds are announced on the Community Grants Hub website.

Find out more about legal aid commission services on the legal assistance page.