What Does Legal Aid Does in Australia
Legal aid in Australia ensures everyone can access justice, particularly low-income and disadvantaged people. When you meet their means test, you can access legal help from a duty lawyer instead of paying for a private lawyer. By providing this crucial legal assistance, legal aid maintains public confidence in a justice system meant to serve everyone, not just the wealthy.
Legal aid commissions operate as independent statutory entities across all Australian states and territories, offering low-cost or free legal advice, information, and representation. They are integral to ensuring that people with legal problems can get advice, regardless of their income.
Eligibility for legal aid is determined by means and merits tests that consider:
- Your financial situation
- The nature and seriousness of your legal problem
About Legal Aid Services
Legal aid commissions offer legal information and advice for various legal problems, including:
- Family Law Matters
- Domestic Violence
- Criminal Law
- Civil legal services
- Driving offences
- Consumer rights
- Mental health advocacy
- Money and debt issues
- Work rights, including bullying and dismissal
- Human rights, including discrimination and sexual harassment
Australia’s eight state and territory legal aid commissions are all part of National Legal Aid (NLA). Each is a statutory body tasked with helping the broader community, particularly those with a social or economic disadvantage.
What is my claim worth?
What Legal Aid Doesn’t Do
Legal Aid does not provide legal services for the following:
- Total and Permanent Disability claims
- Insurance claims
- Car accident claims
- Compensation claims
- Class actions
- Development and environmental impact claims
- Other claims that fall under Australian Government Commonwealth law.
Need help with a compensation case? Learn about our 100% no win, no fee policy when you contact us for free initial advice at 1800 700 125
The Types of Legal Assistance Provided
In Australia, legal aid commissions offer various forms of support to ensure access to justice for all, including:
- Low-cost or free legal information
- Referral services
- Minor assistance
- Legal assistance services
- Duty lawyer services at courts
- And telephone advice.
These services can be delivered in person, online, or by phone, making legal aid accessible to people in the broader community, Australia-wide.
Criminal Law Support
If you have been charged with a crime, legal aid provides essential advice for those who can’t afford help with the legal system. To get funding, you must pass a means test and other criteria that aim to help those most in need. Once approved, you could get representation by in-house duty lawyers or private lawyers.
Family Law Assistance
Legal aid commissions independently offer legal information and representation in family law cases to eligible people. Family law issues can be incredibly complex, emotionally charged and expensive. Thankfully, the Australian Government offers free or low-cost services to assist families facing:
• Relationship issues
• Divorce and separation
• Parenting and property issues
• Family dispute resolution by mediation
• Domestic and family violence
• Child protection, support and maintenance
Family Violence
Family violence issues are among the legal services the Legal Aid Commission provides. For example:
• The Family Advocacy and Support Service: provides free assistance to families impacted by domestic violence.
• The Women’s Legal Services: supports women dealing with family law matters.
• Family Dispute Resolution (FDR): helps families resolve disputes related to family law
• Family Relationship Centres: provide resources and support, including relationship advice and dispute resolution services
• Children’s Contact Centres: facilitates supervised visits or exchanges for children of separated parents.
Civil Law Services
Legal Aid will also provide legal information for civil justice issues relating to:
- Guardianship
- Tenancy
- Debt
- Discrimination
Generally, legal aid civil justice service prioritises cases involving:
- Children
- Risk of losing your home
- Risk of losing your source of income
They also help with test cases and those in the public interest, as they can help improve the lives of others through the precedents set in courts.
Do I Have a Valid Claim?
Funding and Support
The National Legal Assistance Partnership (NLAP) facilitates most of the Australian Government’s financial support for legal aid services. Legal aid commissions receive funding through the NLAP and the Expensive Commonwealth Criminal Cases Fund (ECCCF). Community legal centres also receive funding through the NLAP, giving them the capacity to provide essential local services.
The Indigenous Legal Assistance Program’s funding now falls under the NLAP, providing targeted financial support for Aboriginal and Torres Strait Islander legal services.
How to Access Legal Aid
Accessing legal aid involves meeting specific eligibility criteria, including means and merits tests established by legal aid commissions. These tests consider:
- The nature of the case and area of law
- The benefits to the legal aid applicant
- Potential public benefits
- And the applicant’s financial situation.
To get free legal help, applicants typically must provide:
- Proof of income and assets
- Details of their legal issue
The application process generally involves submitting a case to their state Legal Aid Commission and waiting for a decision. You can increase your chances of receiving a free legal service by learning more on the Queensland Legal Aid Commission’s website here >
About Community Legal Centres
Community legal centres (CLCs) are independent, nonprofit organisations that complement legal aid services by providing essential legal assistance to those in need. These local centres help prevent the worsening of legal issues by giving early legal advice. They also advocate for legal reforms and social justice, ensuring fair access to justice for the broader community.
What Does Legal Aid Do? FAQs
Who is eligible for legal aid?
Australian citizens are eligible for legal aid based on means and merits tests, which evaluate:
• Their financial situation
• The nature of their legal issue
• And other personal circumstances
What types of legal issues does legal aid cover?
The services provided by legal aid encompass a range of legal issues, including:
• Criminal law
• Family law and domestic violence
• Civil justice services
• Mental health advocacy
How can I apply for legal aid in Queensland?
Contact QLD Legal Aid with proof of income, assets, and information about your legal issue. This documentation will help have your case approved.
What role do community legal centres play?
Local residents struggling to work with the legal system can turn to community legal centres for a helping hand. These centres work tirelessly to bring about real social reform. Their offerings complement those of legal aid, ensuring greater access to justice.