U3AOS1 Topic 6: Victoria Legal Aid & community legal centres

Key Knowledge Dot Point:

1. The role of Victoria Legal Aid and Victorian community legal centres in assisting an accused and victims of a crime.

Note: In this sub-chapter, you may encounter the following list of terminology in relation to Victoria Legal Aid and community legal centres. You are not required to understand these terms in detail; rather, you only need a general understanding of their meaning so that you are not confused when learning how Victoria Legal Aid and community legal centres operate.

List of terminology used here:

1. Means test — This refers to an assessment conducted by Victoria Legal Aid (VLA) to determine whether an accused person is eligible for a grant of legal assistance. The assessment considers the accused person’s income, assets, and expenses.
2. Income test — This refers to an assessment applied by Victoria Legal Aid (VLA) to determine whether a duty lawyer can represent an accused person. The test is satisfied when the accused demonstrates that they have limited income, such as where their primary source of income is government-provided social welfare.

Victoria Legal Aid:

1. Victoria Legal Aid (VLA) is a government-funded agency that provides free or low-cost legal services to members of the community who are in need. It primarily offers assistance in criminal law and family law matters, and can also provide referrals to other organisations when a person's legal issue falls outside of its main areas of service.
2. Victoria Legal Aid has several objectives, including providing legal aid in the most effective, economical, and efficient manner; managing resources to ensure legal aid is available at a reasonable cost to the community and on an equitable basis throughout Victoria; improving community access to justice and legal remedies; pursuing innovative methods of delivering legal aid to minimise the need for individual legal services; and ensuring the coordination of legal aid and legal assistance information so that it effectively responds to the legal and related needs of the community.

The role of Victoria Legal Aid in assisting accused people:

1. Free legal information — Victoria Legal Aid (VLA) provides a comprehensive website that offers free legal information to all Victorians regarding the law, court processes, and fundamental legal principles. This includes a wide range of publications and resources, such as booklets and fact sheets, access to a public law library containing books, cases, commentary, and journals, as well as opportunities to speak with a VLA officer either by phone or online through the Legal Help Chat service. Note, this service is free and accessible to everyone.
2. Provide free legal advice — Victoria Legal Aid (VLA) offers legal advice on court procedures and proceedings relevant to specific cases. This advice can be provided over the phone, in person, or via video call. However, legal advice tailored to an individual matter is only available to eligible accused persons, generally determined by income. VLA prioritises assistance for vulnerable groups, including children, First Nations peoples, individuals with disabilities, and those who are unable to speak English.
3. Duty lawyer services — Duty lawyers are legal practitioners who attend the Magistrates’ Court and the Children’s Court on designated days to provide legal information and case-specific advice for matters being heard on the same day. Depending on the circumstances of the accused, duty lawyer assistance may extend to representation in court. However, duty lawyers are not available for indictable offences or committal proceedings. Duty lawyer services are provided free of charge for matters involving child protection, youth crime, adult summary offences, intervention orders, family law matters, and certain civil matters, such as Mental Health Tribunal hearings. For adult criminal matters where the accused is not in custody, eligibility for duty lawyer assistance is subject to an income test.
4. Provide grants of legal assistance — In certain circumstances, Victoria Legal Aid (VLA) may provide a grant of legal assistance to an accused person who cannot afford private legal representation. This assistance may be delivered by a VLA-employed lawyer or by an external private lawyer arranged through VLA. The lawyer can support the accused in preparing their case, including drafting and filing relevant documents, and may also represent the accused in court. To be eligible for a grant of legal assistance, the accused must satisfy the means test. VLA may also consider the likelihood of the case’s success and whether providing assistance would be in the broader interests of the community.

The role of Victoria Legal Aid in assisting victims of crime:

1. Provide legal information — Victoria Legal Aid (VLA) plays a key role in supporting victims of crime by providing accessible legal information through its website and its dedicated Victims Legal Service. This service helps victims understand their rights, court processes, and available legal options, enabling them to engage with the criminal justice system on an informed basis. VLA connects victims to a range of external support services, including child witness services, the Victims of Crime Assistance Tribunal (VOCAT), and the Office of Public Prosecutions (OPP), which offer specialised assistance depending on the nature of the offence and the victim’s circumstances. These resources are available to all victims and are designed to improve access to justice, particularly for individuals who may otherwise face barriers such as lack of legal knowledge, financial disadvantage, or vulnerability.
2. Provide a Victims Legal Service — Victoria Legal Aid (VLA) delivers the Victims Legal Service Helpline, a specialist advice service that provides legal information and advice to people affected by crime, with a particular focus on the financial consequences of offending. The service operates through a partnership between VLA, community legal centres (CLCs), and Aboriginal legal services, ensuring culturally appropriate and accessible support. The service is available to all individuals affected by a crime and offers guidance on legal processes such as applying for financial assistance through the Victims of Crime Assistance Tribunal (VOCAT), as well as seeking restitution or compensation from an offender. By assisting victims to understand their legal rights and options, the Victims Legal Service enhances access to justice and supports victims’ effective participation in the criminal justice system.
3. Provide duty lawyer services — Victoria Legal Aid (VLA) provides duty lawyer services in the Magistrates’ Court to support victims, particularly in matters involving intervention orders. Duty lawyers can provide victims with legal information about court procedures and their rights, as well as legal advice and, where appropriate, in-court advocacy. Note, all victims are entitled to receive legal information from duty lawyers. However, the provision of tailored advice and representation is prioritised according to vulnerability, with children and adults with disabilities given higher priority. This approach seeks to improve access to justice and promote equality by directing limited legal resources to those most in need of protection and support within the justice system.
4. Provide grants of legal assistance — Victoria Legal Aid (VLA) may provide grants of legal assistance to victims in matters relating to intervention orders. These grants enable eligible victims to receive legal representation, ensuring they are supported throughout court proceedings. Eligibility for a grant is subject to strict criteria. VLA assesses factors such as the means of the applicant and the merits of the case, including whether providing assistance is justified and appropriate in the circumstances. By applying these criteria, VLA aims to allocate limited legal resources effectively while improving access to justice for victims who may otherwise be unable to obtain legal representation.

Community Legal Centres:

1. Community Legal Centres (CLCs) are independent, non-profit organisations that provide free legal services to members of the community, particularly individuals who are financially disadvantaged or vulnerable. CLCs aim to improve access to justice by assisting people who may otherwise be unable to afford legal advice or representation.
2. There are two main types of community legal centres (CLCs). Generalist CLCs provide legal services to individuals within a particular geographical area and assist with a broad range of legal matters across different areas of law. In contrast, specialist CLCs focus on providing legal services in a specific area of law or to a particular group within the community. For example, a specialist CLC may focus on youth law, providing legal support to young people, or specialise in consumer law, assisting individuals with disputes and related legal issues. This distinction allows CLCs to address both general legal needs and more complex or specialised issues, thereby improving access to justice for diverse members of the community.

The role of community legal centres in assisting accused people:

1. Provide legal information — Community legal centres (CLCs) provide free legal information both in person and online, allowing members of the community to gain a general understanding of the law and relevant legal processes. In addition, specialist CLCs can offer more detailed legal information relating to their specific area of expertise or information tailored to the needs of the particular group they assist. This service is available to all members of the community, regardless of eligibility or financial circumstances.
2. Provide basic legal advice and assistance — Community legal centres (CLCs) provide basic legal advice and assistance both online and in person, helping individuals understand their legal position and available options. This assistance may include explaining the law, providing guidance on next steps, and helping individuals complete forms and lodge relevant applications. Some CLCs also offer legal advice over the phone or through drop-in clinics, where no appointment is required. In most cases, CLCs will provide basic advice to anyone who attends a clinic. However, they are generally unable to take on ongoing casework unless strict eligibility criteria are met. Some CLCs operate specialist clinics that cater to particular groups within the community or specific legal issues, ensuring targeted support for those most in need.
3. Provide legal representation — Community legal centres (CLCs) will rarely provide legal representation, and this is generally limited to urgent matters or cases involving significant disadvantage. In some circumstances, certain CLCs may provide legal representation or legal aid to eligible clients. Each CLC applies its own eligibility criteria when determining whether representation can be offered. In making this decision, CLCs commonly consider factors such as the type of legal matter, whether the centre specialises in that area of law, and whether the accused person is eligible for assistance through Victoria Legal Aid (VLA). Where representation cannot be provided, CLCs may refer clients to other appropriate legal services.

The role of community legal centres in assisting victims of crime:

1. Provide legal information — Community legal centres (CLCs) provide general legal information in person and online, enabling individuals to develop a basic understanding of the law and relevant legal processes. In addition, specialist CLCs can offer more detailed information relating to their primary area of expertise or information specifically tailored to the needs of the groups they assist. This service is available to all members of the community, regardless of eligibility or financial circumstances.
2. Provide basic legal advice and assistance — Community legal centres (CLCs) provide basic legal advice and assistance both online and in person, helping individuals understand their legal position and available options. This may include assisting with making applications and filing relevant documentation. Some CLCs also offer legal advice over the phone or through drop-in clinics, where no appointment is required. Most CLCs will provide basic advice to anyone who attends a clinic. However, they are generally unable to take on ongoing casework unless strict eligibility criteria are met. Some centres operate specialist clinics that cater only for particular groups within the community or specific legal issues.
3. Provide duty lawyer services — Some community legal centres (CLCs) provide duty lawyer services in certain courts to assist victims in matters involving intervention order hearings. Duty lawyers can provide legal information, advice, and, where appropriate, representation on the day of the hearing. While all victims are eligible to access these services, assistance is prioritised based on need, particularly for vulnerable individuals.
4. Provide legal representation — Some community legal centres (CLCs) have the capacity to provide ongoing legal assistance and representation to victims of crime, most commonly in matters involving family violence or intervention orders. The availability of representation varies between centres, as each CLC applies its own eligibility requirements. In addition, some CLCs specialise in assisting particular groups within the community, such as Women’s Legal Service Victoria and the Victorian Aboriginal Legal Service, ensuring targeted and culturally appropriate support for victims.