Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 24

Circumstances in which legal assistance may be provided

24. Circumstances in which legal assistance may be provided



(1) VLA may provide legal assistance to a person if-





   (a)  in its opinion the person is in need of that legal assistance by
        reason that he is unable to afford the full cost of obtaining from a
        private legal practitioner the legal services in respect of which the
        legal assistance is sought; and

   (b)  it is reasonable having regard to all relevant matters to provide the
        legal assistance.

(2) In the making of a decision whether legal assistance shall be provided to
a person charged with-

   (a)  an indictable offence;

   (b)  a summary offence in circumstances where the person could have been
        proceeded against for the same offence by indictment; or

   (c)  an indictable offence which by consent has ceased to be indictable-

if VLA is of opinion that it is desirable in the interests of justice that the
person should have legal representation, regard shall be had only to the
matters referred to in paragraph (a) of subsection (1).

(2A) In the making of a decision whether legal assistance is to be provided to
a person who is subject to a supervision order under Part 5 of the Crimes
(Mental Impairment and Unfitness to be Tried) Act 1997 (including a person who
is deemed to be subject to a custodial supervision order by force of clause 2
of Schedule 3 to that Act) in relation to any proceeding under that Act with
respect to that supervision order, VLA is to have regard only to the matters
referred to in subsection (1)(b).

(3) In the making of a decision whether a person is in need of legal
assistance by reason that he is unable to afford the full cost of obtaining
from private legal practitioners the legal services in respect of which the
legal assistance is sought, regard shall be had to all relevant matters,
including the following matters-

   (a)  the income of the person;

   (b)  the cash that is readily available to the person or can be made so
        available;

   (c)  the debts, liabilities and other financial obligations of the person;

   (d)  the cost of living in the locality in which the person resides;

   (e)  the cost of obtaining the legal services from private legal
        practitioners; and



   (f)  any other matters affecting the ability of the person to meet the full
        cost of obtaining the legal services from private legal practitioners-

but, without limiting the generality of the preceding provision of this
section-

* * * * *





   (ii) the assets and financial circumstances of a person who is involved
        only in a representative, fiduciary or official capacity- shall not be
        taken into account as affecting the ability of the person to meet the
        cost of obtaining the legal services from private legal practitioners.

(4) In the making of a decision whether it is reasonable in all the
circumstances to provide legal assistance to a person, regard shall be had to
all relevant matters, including-

   (a)  the nature and extent of any benefit that may accrue to the person, to
        the public or to any section of the public from the provision of the
        assistance or of any detriment that may be suffered by the person, by
        the public or by any section of the public if the assistance is not
        provided;

   (b)  in the case of assistance in relation to a proceeding in a court other
        than a criminal appeal-whether the proceeding is likely to terminate
        in a manner favourable to the person; and

   (c)  in the case of assistance in relation to a criminal appeal-whether
        there are reasonable grounds for the appeal.

(5) Except where a reciprocal arrangement is made pursuant to section 7(e)
with another legal aid commission, legal assistance shall not be provided
under this Act to a person who is not ordinarily resident in the State unless
the assistance relates to-

   (a)  a proceeding in a court in the State; or

   (b)  a matter arising under the law in force in the State.

(6) Legal assistance shall not be provided under this Act to a person in or in
connexion with a review under Part VI.

(7) This section is subject to any legal aid arrangement.