The Law Handbook 2024
Chapter 2.2: How legal aid can help 71 • the problem is one where the centre has particular expertise (e.g. tenancy); • the area of law is generally unserviced by most lawyers (e.g. mental health law); • the problem is of relevance to a significant group (e.g. social security); • the service user has a special relationship with the service, or would be unable to cope with going elsewhere for assistance. Where work is undertaken, the client is usually required to demonstrate an element of financial need. If a person is able to pay a private lawyer, an appropriate referral is made. If court representation is required, some centres will arrange for a barrister to appear in court. Many barristers appear for clients of community legal centres either for free or at a reduced rate. The arrangement made depends on the client’s financial situation, the urgency of the case, the resources of the community lawyer in the legal centre, the barrister who is briefed to do the appearance, and the outcome of an application for legal assistance (see ‘Victoria Legal Aid’, above). A specialist community legal centre: The Victorian Aboriginal Legal Service Services provided The Victorian Aboriginal Legal Service ( VALS ) provides legal services to Aboriginal and Torres Strait Islander people who need a criminal, family or civil lawyer. Most cases are handled completely by VALS staff, although in country areas a local solicitor may be asked to act on behalf of VALS clients. Aboriginal and Torres Strait Islander people living in Melbourne should visit or telephone the head office (see below). Country residents may telephone the head office or their local VALS office. VALS has offices in Bairnsdale, Ballarat, Bendigo, Mildura, Morwell, Shepparton, Swan Hill and Warrnambool. Victorian Aboriginal Legal Service (VALS) Tel: 1800 064 865 Email: vals@vals.org.au Web: www.vals.org.au Eligibility The service is available to people of Aboriginal or Torres Strait Islander descent who are under 18 years old or who meet certain financial criteria. For details, visit www.vals.org.au/eligibility. Private lawyers Many private lawyers do legal aid work with VLA’s assistance. In these circumstances, VLA pays the lawyer. Ask about applying for legal assistance when you make an appointment with a lawyer. The Law Institute of Victoria operates the Find Your Lawyer Legal Referral Service. Through this program, a client is referred to an appropriate lawyer (i.e. a lawyer who practises in the specific area of law you need help with). The lawyer provides the first 30 minutes free of charge. Normal fees are charged after the first 30 minutes, or if additional work needs to be done on your behalf. To get a referral to see a lawyer, contact: LIV’s Find Your Lawyer Legal Referral Service Tel: 9607 9550 Email referrals@liv.asn.au Web: www.liv.asn.au/Referral Other sources of legal assistance Law Aid Law Aid was established with the assistance of the Law Institute of Victoria and the Victorian Bar Council and was initially funded by the Victorian Government; it is now an independent self- funding scheme. Law Aid’s purpose is to assist people who are unable to afford the cost of civil litigation. It provides funding for out-of-pocket expenses (e.g. medical reports, travelling expenses, filing fees and witness expenses). It cannot pay solicitors’ or barristers’ fees. Among other matters, Law Aid can assist in personal injuries claims, claims against institutions involving oppressive behaviour, property claims,
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