Victoria Legal Aid

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VLA is a government-funded agency set up to ensure that people who cannot afford to pay a private lawyer can get help with their legal problems. 

VLA provides:

  • free legal information for all Victorians;

  • free legal advice for people who meet the eligibility criteria;

  • duty lawyers in most courts and tribunals;

  • family dispute resolution for disadvantaged families and children;

  • independent advocacy and support services;

  • community legal education; and

  • legal assistance grants for people who meet the eligibility criteria. 

VLA can help people with a range of legal problems including those relating to criminal matters, family separation, family violence, mental health and discrimination. For locations, see ‘Victoria Legal Aid contacts’, below.

Free legal information

Anyone can get free legal information by:

  • going to the ‘I need legal information about …’ section of VLA’s website (www.legalaid.vic.gov.au). Each topic has information about the law and who you can contact for more help;

  • ordering VLA’s free publications and resources;

  • using the webchat service on VLA’s website;

  • visiting VLA’s public law library to access legislation, case law and other legal materials;

  • contacting the Legal Help phone line on 1300 792 387 or webchat (Monday to Friday, 8 am to 6 pm).

Visit the VLA website at www.legalaid.vic.gov.au/speak-us-your-language to find out how you can get help in another language or if you are deaf or have a speech impairment.

Free legal advice

  • VLA lawyers help people who:

    • cannot afford a private lawyer;

    • have a cognitive disability, an acquired brain injury or mental illness;

    • are in a psychiatric in-patient unit and have a Mental Health Tribunal (MHT) hearing;

    • are experiencing or at risk of homelessness;

    • are a child or young person going to the Children’s Court;

    • cannot speak, read or write well in English;

    • are Aboriginal or Torres Strait Islander;

    • are at court for a family violence matter or are at risk of family violence; and 

    • are in custody or facing a serious penalty.

    A serious penalty is where there is a real risk that a person will go to jail, or be put on a community corrections order, or get a substantial fine.

    Contact VLA through the Legal Help phone line (1300 792 387) or webchat to find out if you are eligible for legal aid services.

  • VLA gives free legal advice on a range of matters: 

    • criminal matters, including some serious traffic offences;

    • family separation matters;

    • child protection;

    • child support;

    • family violence;

    • discrimination and sexual harassment;

    • Centrelink and social security law;

    • debt recovery for people with debt;

    • guardianship and administration matters at the Victorian Civil and Administrative Tribunal (VCAT);

    • infringement fines – if you have special circumstances that have contributed to you getting infringement notices;

    • matters before the MHT;

    • refugee and some immigration matters; and

    • some tenancy matters for tenants only.

  • There are some matters and areas of law that VLA does not give legal advice about. These include:

    • business and commercial matters; contact Business Victoria (www.business.vic.gov.au); 

    • buying property, building contracts and disputes;

    • defamation;

      • see Chapter 11.2: Defamation and your rights;

    • intellectual property law; contact IP Australia (www.ipaustralia.gov.au); 

      • see Chapter 7.6: Copyright;

    • pay disputes;

    • work injuries;

    • fencing and trees;

    • wills and deceased estates;

      • see Chapters 9.3: Wills; 9.4: Estates; and 9.5: Funerals.

    For the full list of matters that VLA does not provide help with, visit www.legalaid.vic.gov.au/who-eligible-help#legal-issues-we-dont-give-advice-about.

  • Depending on your circumstances, VLA lawyers may be able to:

    • give you free legal advice – in person, by video conference or over the phone;

    • help you if you are at court without a lawyer or before your court date;

    • run your case, which may include representing you in court.

    They can also refer you to other services for help.

Help at court

  • VLA has lawyers on duty at many courts and tribunals across Victoria. These duty lawyers help people who are at court for a hearing but who do not have their own lawyer. The duty lawyer service is free. However, duty lawyers do not represent everyone. Therefore, it is always best to speak to VLA before going to court. 

    Note that the duty lawyer service is not available at all courts and tribunals. In some cases, you may be able to access a duty lawyer service over the telephone or via video conference. See www.legalaid.vic.gov.au/help-court.

  • The duty lawyers prioritise helping people who: 

    • cannot afford a private lawyer; 

    • have a cognitive disability, an acquired brain injury or mental illness; 

    • are experiencing or at risk of homelessness; 

    • are in a psychiatric in-patient unit with an MHT hearing; 

    • are going to the Children’s Court (i.e. children or young people); 

    • cannot speak, read or write well in English; 

    • are Aboriginal or Torres Strait Islander; 

    • are at court for a family violence matter or are at risk of family violence; 

    • are in custody or facing a serious penalty. 

    A serious penalty is where there is a real risk that a person will go to jail, or be put on a community corrections order, or get a substantial fine. 

  • Depending on your circumstances, duty lawyers can: 

    • give you information for some matters the duty lawyers can provide printed information about specific offences and what happens in court; 

    • give you legal advice about the law and what happens in court – this may include negotiations with the prosecution; 

    • represent you in court that day; 

    • arrange for a legal aid lawyer to run your case. 

    If you are an adult at the Magistrates’ Court for a criminal matter, getting advice or representation depends on your income. 

  • Children’s Court 

    At the Children’s Court, duty lawyers can help with: 

    • criminal law matters; 

    • child protection applications; and

    • family violence and personal safety intervention orders. 

    Magistrates’ Court 

    At the Magistrates’ Court, duty lawyers can help with: 

    • adult criminal law matters; 

    • serious traffic matters; 

    • family violence matters and intervention orders; and

    • some infringement matters. 

    Mental Health Tribunal 

    Duty lawyers can represent you at the MHT. Duty lawyers visit all hospitals and some community mental health clinics.

    Federal Circuit and Family Court of Australia

    At the Federal Circuit and Family Court of Australia (FCFCOA), duty lawyers can help you with: 

    • family law matters; 

    • child support; and

    • some immigration matters. 

    Victorian Civil and Administrative Tribunal 

    At VCAT, duty lawyers can help you with: 

    • residential tenancy matters (tenants only); 

    • anti-discrimination matters;

    • guardianship and administration matters; and

    • some civil claims matters. 

    Administrative Review Tribunal

    At the Administrative Review Tribunal (ART), duty lawyers can help you with: 

    • Veterans’ Affairs matters; 

    • social security matters; and

    • some immigration matters. 

  • Before going to court, contact VLA’s Legal Help phone line (tel: 1300 792 387) or webchat to find out if you can see a duty lawyer. 

    If a duty lawyer can see you, it is best to arrive at the court or tribunal when it opens, as the duty lawyer may have many people to see and you may have to wait. 

    When you get to court, ask the court staff if there is a lawyer on duty. 

    If you need an interpreter, the court will organise this for you. It is best to let the court know before the day of your hearing. If you have not done this, tell the court staff as soon as you get to court. 

    Fitzroy Legal Service also offers a duty lawyer service at Heidelberg Magistrates’ Court for Family Violence Intervention Order matters on Mondays, Tuesdays, Thursdays and Fridays. Fitzroy Legal Service assists clients on a duty lawyer basis for Family Violence Intervention Orders at Neighbourhood Justice Centre in Collingwood on Tuesdays. Contact Heidelberg Magistrates’ Court or the Neighbourhood Justice Centre for more information:

    Heidelberg Magistrates’ Court
    www.mcv.vic.gov.au/court/heidelberg-magistrates-court

    Neighbourhood Justice Centre
    www.neighbourhoodjustice.vic.gov.au 

  • Criminal matters

    If your court date is in 14 days or more, you may qualify for legal advice from a lawyer to help you prepare for court.

    VLA’s Help Before Court service (www.legalaid.vic.gov.au/hbc) is offered for criminal charges in the Magistrates’ Court or Children’s Court. They can only provide legal advice to those who need it most. This depends on your income and legal matter.

    If you qualify for legal advice, VLA will either:

    • make an appointment for you to speak with a lawyer about your case before your court date, or;

    • send your brief of evidence to the duty lawyer on your court date and you will get legal advice on the day.

    Depending on your situation, the lawyer may also represent you in court.

    If VLA cannot provide legal advice, a legal assistant will give you general information and resources to help you represent yourself.

    It is free to request Help Before Court on the VLA website (see www.legalaid.vic.gov.au/hbc).

    Family violence matters

    If you have a family violence intervention order matter, a lawyer may be able to provide you with legal advice and support through VLA’s Pre-Court Engagement service (www.legalaid.vic.gov.au/early-resolution-service-family-violence-matters). This can happen up to two weeks before your court date.

    The lawyer may:

    • give you information about the court process and what to expect on the day;

    • ask you about what you want from the court hearing; and

    • explain your options.

    The lawyer, on your behalf, may speak with the other party’s lawyer (if they have one) to see if the matter can be resolved.

    You may be eligible for the service if your family violence matter is at Broadmeadows, Dandenong, Geelong, Latrobe Valley, Melbourne, Ringwood, Sunshine or Werribee Magistrates’ Court.

    You may be contacted by email or phone by someone from the Magistrates’ Court pre-court team before your court date. They will ask if you would like to be referred to a legal service for legal advice before your court date. If Victoria Police applied for the family violence intervention order, then they may contact you.

    You can also contact the Magistrates’ Court yourself. Details are on the VLA website.

  • What is the Family Dispute Resolution Service?

    VLA’s Family Dispute Resolution Service (FDRS) (www.legalaid.vic.gov.au/fdrs) helps people resolve their family law disputes. After an assessment, the FDRS can organise a dispute resolution conference to help with disputes where one party has a grant of legal aid.

    The FDRS can assist with:

    • developing a parenting plan that sets out arrangements for the care of children;

    • sorting out some financial issues, such as the division of property, spousal maintenance, and maintenance for children over 18 years old; and

    • mediating international child abduction court cases that involve children brought into Victoria from another country.

    Family dispute resolution conferences are run by experienced and trained family dispute resolution practitioners who are registered with the Commonwealth Attorney-General. They help the people involved in a family law dispute to identify and consider their options and work towards reaching an agreement, but they do not give legal advice.

    All conferences are focused on the best interests of the child or children involved.

    Where the case manager decides it is appropriate, and all parties agree, the FDRS can arrange for children to speak to a qualified child consultant before a conference takes place. (At the FDRS, this is called the ‘Kids Talk’ program.) Children do not attend conferences. The FDRS does not provide childcare.

    The FDRS is free. However, you may have to pay your lawyer’s fees if you do not have a grant of legal assistance.

    Who is eligible? 

    To use the FDRS, at least one person must have a lawyer and a grant of legal assistance from VLA. An independent children’s lawyer can access the service for a family. 

    A person may use the service without a lawyer, but VLA strongly encourages everyone to get legal advice. VLA can help a person to find a lawyer. People who cannot afford to pay a lawyer can apply for a grant of legal assistance that will cover a lawyer’s fees. In some limited cases, a duty lawyer service is available.

  • What is Independent Family Advocacy and Support?

    VLA’s Independent Family Advocacy and Support (IFAS) service (www.legalaid.vic.gov.au/independent-family-advocacy-and-support) provides non-legal advocacy to parents and primary carers involved in the child protection system at the early stages. Their advocates work with you to identify what you need and how to get there and support you to understand your rights and responsibilities in the system.

    IFAS is independent, confidential, free and voluntary. It is not a legal service but can refer you to get legal advice, or other support, if you need it.

    IFAS can:

    • give you information and support to help you understand and act on your rights and responsibilities;

    • listen to what you want and talk about your options;

    • help you understand your situation and what you may need to do;

    • work with you so you can have your say;

    • speak directly to other professionals on your behalf; and

    • refer you to helpful and culturally safe services, if you need them.

    Who is eligible?

    You may be eligible for the service if you:

    • are a primary carer/parent of an Aboriginal or Torres Strait Islander child, or a primary carer/parent with intellectual disability;

    • are involved with child protection;

    • have not been to court due to current issues with child protection (if you have been involved before, IFAS may still be able to support you);

    • live or work in Bendigo, Ballarat, Dandenong, Darebin, Moreland or Preston.

  • What is Independent Mental Health Advocacy?

    Independent Mental Health Advocacy (IMHA) (www.imha.vic.gov.au) is a service delivered by VLA to support people receiving compulsory psychiatric treatment to have as much say as possible about their assessment, treatment and recovery.

    It is not a legal service and is independent from hospitals and mental health services. IMHA advocates can:

    • listen to what you want and talk to you about your options;

    • give you information and support to act on your rights;

    • work with you so you can have your say; and

    • refer you to other services if you need them.

    If you are receiving compulsory treatment, IMHA will be notified and will contact you unless you tell them not to (see www.imha.vic.gov.au/tell-us-not-to-contact-you). You can decide if you want their services.

    If you are a First Nations person, you can let IMHA know if you would like to speak with a First Nations advocate. 

    Who is eligible?

    IMHA supports people who are currently on a compulsory treatment order, either in the community or as an inpatient.

    The service can also support people:

    • who are voluntary inpatients but who are at risk of being placed on a compulsory order;

    • in the first month after discharge from compulsory treatment;

    • who have been found unfit to stand trial or not guilty on the grounds of mental impairment and are being held in a designated mental health service;

    • on secure treatment orders – who have been sentenced for an offence and are assessed as requiring compulsory treatment while they are in custody;

    • on supervision orders who are assessed as requiring compulsory mental health treatment.

Legal assistance grants

  • If you are unable to resolve your legal problem on your own and cannot afford a lawyer, VLA may be able to pay for a lawyer to help you. This is called a ‘grant of legal assistance’. 

    Grants of legal assistance are usually for criminal or family matters, but they can also be given in some other matters, such as guardianship, infringements, immigration, social security, mental health and discrimination cases. 

    A grant may pay for some or all of the following types of work: 

    • legal advice; 

    • help to resolve the matters in dispute; 

    • prepare legal documents; 

    • represent you in court. 

  • As VLA’s funds are limited and demand for legal services is high, there are rules about who can get a grant of legal assistance. 

    When considering if you are eligible for a grant, VLA looks at: 

    • what your case is about; 

    • the likely benefit to you; 

    • if helping you can benefit the public; and

    • your financial situation using a means test. 

    See www.legalaid.vic.gov.au/paying-lawyer for a full list of considerations.

  • The means test applies to most adults and takes into account: 

    • money received from work, welfare benefits or other sources; 

    • major assets (e.g. a house or car); and

    • weekly living expenses. 

    The means test also looks at whether you support anyone else, or if they support you. These people are called ‘financially associated persons’, and their income and assets are included when VLA works out if you are eligible for a grant. 

  • To apply for a grant of legal assistance, you need to fill out an application form. The form has questions about your legal problem and your financial situation to help VLA establish if you are eligible for a grant of legal assistance. 

    You also need to give VLA documents to support your application, including: 

    • proof of your income (e.g. a recent pay slip or Centrelink benefit statement); and

    • bank or credit union account statements for the last three months.

    If you financially support anyone else, you need to give VLA proof of income and bank statements relating to these ‘financially associated persons’.

  • VLA lawyers, and private lawyers who do legal aid work, can help you fill out and submit an application form for free. They can also help you get information that supports your application.

  • There is usually a limit to how much money is available for your case – this is called a ‘cost ceiling’. It is important that you and your lawyer understand these limits. If the cost ceiling is reached before your case is over, you may have to finish the case without VLA’s help or apply for further assistance. You can ask VLA how much money is left at any stage. 

  • By accepting a grant of legal assistance, you also agree to the general terms and conditions of the grant, and any special conditions that are explained in the letter you get from VLA. 

    These terms include: 

    • you must tell VLA or your lawyer immediately if any of your circumstances change while you are getting legal assistance;

    • you allow your lawyer to give VLA any information needed to carry out its functions under the Legal Aid Act 1978 (Vic);

    • your lawyer must tell VLA if they receive any money on your behalf; and

    • any costs you receive must be paid to VLA (however, this does not apply to damages).

    VLA may stop or change your legal assistance if you do not follow the terms and conditions of your grant or the advice of your lawyer.

    You may have to pay some or all of the costs of your case up to that point.

  • Legal assistance is not always free. You may be asked to: 

    • pay some money towards the cost of running your case – this is called a ‘contribution’;

    • agree to a charge over any house or land you own or are buying.

    The amount you might have to pay depends on your financial situation. For more information about contributions and charges, visit www.legalaid.vic.gov.au/what-charge. 

  • If you do not have a lawyer, VLA will allocate one according to who they think can help you best. If you would like a particular lawyer to act for you, let VLA know on your application form. Your lawyer must be on a VLA practitioner panel (see: www.legalaid.vic.gov.au/directory-search). There is a limited exception for some family law matters

  • Your lawyer is paid directly by VLA. Your lawyer is not allowed to ask you to pay any costs for services performed under your grant of legal assistance. If you get a bill from your lawyer, notify VLA.

  • If you disagree with VLA’s decision about your application for a grant of legal assistance you can ask them to reconsider that decision.

    Things you can ask them to reconsider include:

    • the refusal of your application;

    • the conditions of your grant (e.g. the amount of the contribution imposed); and

    • the requirement to sign a charge.

    You or your lawyer must request reconsideration within 14 days from the date of the letter informing you of the decision. Your letter must include the reasons why you think VLA should change their decision. VLA will then send you a letter to let you know if they are changing their decision or if it remains the same.

    If you are still unhappy with VLA’s decision, you can have the decision reviewed by an independent reviewer. This is a person appointed by the Victorian Attorney-General and is not a VLA employee. You must write to VLA to ask for an independent review within 21 days from the date of the letter informing you of the reconsidered decision. Usually, the independent reviewer’s decision is the final decision. 

    However, you may have the right to go to court to request a further review. You should get independent legal advice as this will only be granted within strict timelines and under limited circumstances.

  • For more detailed information about grants of legal assistance, see VLA’s Handbook for Lawyers (available at www.handbook.vla.vic.gov.au). 

Victoria Legal Aid

Chapter: 2.3: Legal services that can help

Contributor: Compiled by Victoria Legal Aid and Fitzroy Legal Service

Current as of: 1 September 2024

Law Handbook Page: 68

Next Section: Community legal centres

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