The Law Handbook 2024

64 Section 2: Getting help • 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. Duty lawyers Who are duty lawyers? 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. Go to VLA’s website (www.legalaid.vic.gov.au/help-court) to find a duty lawyer service. Who can see a duty lawyer at court? The duty lawyers prioritise helping people who: • can’t 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 a Mental Health Tribunal hearing; • are going to the Children’s Court (i.e. people who are children or young people); • can’t 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. How duty lawyers can help 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. What can duty lawyers help you with? Children’s Court At the Children’s Court, duty lawyers can help with: • criminal law matters; • child protection applications; • 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; • some infringement matters. Mental Health Tribunal Duty lawyers can represent you at the Mental Health Tribunal. 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, duty lawyers can help you with: • family law matters; • child support; • some immigration matters. Victorian Civil and Administrative Tribunal (VCAT) At VCAT, duty lawyers can help you with: • residential tenancy matters (tenants only); • anti-discrimination matters; • guardianship and administration matters; • some civil claims matters.