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Legal Aid Program

• What is legal aid?
• How can I get legal aid?
• What legal aid services can I get?
• Is legal aid free?
• What are Commonwealth Legal Aid Priorities and Guidelines?

What is legal aid?

Legal aid is a system of public funding to enable people who would otherwise not be able to afford legal services to obtain those services.  Legal aid is not provided for every type of legal problem.  The focus is on persons at serious personal risk, for example, persons charged with serious criminal offences or matters where children are involved.

The Australian Government, through the Attorney-General’s Department, funds legal aid commissions in each State and Territory to provide legal assistance to disadvantaged persons in matters arising under the Commonwealth law.  Similarly, State and Territory Governments fund legal aid commissions to provide legal assistance in matters arising under their own laws. 

How can I get legal aid?

Legal aid is delivered through legal aid commissions in each State and Territory either through a legal aid lawyer or private lawyer on the commission’s panel.  Some legal assistance is available free of charge to anyone, including through free telephone legal advice.  However, to be eligible for a grant of legal assistance for legal representation, you must satisfy the means and merits tests and meet the relevant guidelines.

What legal aid services can I get? 

Legal aid commissions provide a wide range of services in criminal, family and civil law matters arising under their own laws in each State or Territory and the laws of the Commonwealth. 
Legal aid services provided by legal aid commissions include:

• information and referral, including by telephone or at the reception counter of the commission
• community legal education and publication
• legal advice and minor assistance, including preparation of simple documents
• duty lawyer services at courts and tribunals
• family dispute resolution—where at least one of the parties to a family law dispute has received a grant of legal assistance, and
• grants of legal assistance for legal representation before a court or tribunal.

Is legal aid free?

No, not all legal aid services are free. While legal information and minor assistance are generally available free of charge, legal representation is only available to people who meet the means and merits tests and the relevant guidelines. The means test looks at your income and assets, and the likely cost of the proceeding. The merits test assesses whether there is a reasonable prospect of success, whether a prudent self-funded litigant would risk his or her own money on the case and whether it would be appropriate to spend public money on it.

You may also be required to pay a contribution towards the cost of your matter based on your financial situation and the cost of the matter.

What are Commonwealth Legal Aid Priorities and Guidelines?

Legal aid commissions provide legal assistance in Commonwealth law matters in accordance with Commonwealth legal aid priorities and guidelines. You can access a copy of the Commonwealth legal aid priorities and guidelines on the ‘Downloads’ section of this page or from the Publications section of our website.