Scheme for Overseas Criminal Matters Involving the Death Penalty

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.

You can apply for funding to cover reasonable overseas legal fees and disbursements. Disbursements are costs your legal representative incurs while acting for you such as obtaining reports, court transcripts, and expert opinions.

Funding will not usually be provided if you:

  • can meet the cost without incurring serious financial difficulty
  • are eligible for legal assistance in the overseas country
  • do not have a continuing connection with Australia.

We will not usually cover the cost of any legal fees or expenses incurred before you apply.

Eligibility

Assistance is only available where the accused person is at risk of being punished by the death penalty.

How to apply

  1. Download and complete the Application Form – Overseas Criminal Matter.
  2. Download and complete the Nationally Coordinated Criminal History Check form.
  3. If you have lived in an overseas country for 12 months or more in the last 10 years or have ever been charged with a criminal offence, obtain an overseas penal clearance certificate (an overseas police certificate) from each country. For information on applying for an overseas police certificate, visit the Department of Home Affairs webpage on Character requirements for visas.
  4. Email the completed forms and required documentation to finass@ag.gov.au.

Do not submit the Nationally Coordinated Criminal History Check Form to any other organisation. We will submit it on your behalf as part of your application assessment.

How we assess your application

Your application will be assessed under the:

When we assess your application, we consider:

  • your income, assets, liabilities and expenses (including whether you are able to sell assets or secure a loan against them)
  • whether your legal representative has received or may receive any payment or legal assistance from a third party
  • the estimated cost of the legal proceedings
  • whether the costs of the legal action will cause you financial hardship.

In most cases, we consider that you are unable to meet the cost of the legal action if you receive Centrelink benefits as your main source of income.

We may also consider situations where you are temporarily unable to access your finances due to circumstances outside your control. For example, domestic violence, incarceration or where your assets have been restrained but may be returned to you at a later time.

Assessment timeframe

If your application is complete, we will assess it within 28 days. If it is incomplete, we will notify you and ask for the missing information. We will not assess incomplete applications.  

Find out more

For consular assistance, visit the Department of Foreign Affairs and Trade website.​

To contact the Legal Financial Assistance Casework team, email finass@ag.gov.au.

If you need an alternative way to contact us, you can leave a message for the team with our department’s switchboard at 02 6141 6666 (or +61 2 6141 6666 for overseas callers). 

If you are deaf or have a hearing or speech impairment, contact the department through the National Relay Service and give 02 6141 6666 as the number you would like to call.