Legal Services Agency

How is it decided whether I’ll get legal aid?
How will I find out if I’ve been granted legal aid?
What if my financial situation changes?
What can I do if I’m refused legal aid?
What can I do if challenging the decision doesn’t change it?

How is it decided whether I’ll get legal aid?

The Legal Services Agency will consider the following factors –

• Whether you can afford a lawyer
  • The Agency will look at how much you earn before tax.
  • It will also look at how much money you could raise by selling your property (but not including your equity in your first house up to $80,000, nor your car, furniture and tools of trade).
  • If you have a partner, the Agency will also take into account their finances. This applies to married, civil union and de facto partners, including same-sex.
  • If you’re on a benefit, you’ll probably qualify for legal aid.
• How serious the charge is
  • You’ll automatically qualify for legal aid if you could face a sentence of six months or more in prison (and if you can’t afford a lawyer).
  • You usually can’t get legal aid for less serious offences, such as most traffic offences and "summary offences" (like disorderly behaviour). But you may qualify if one of the special factors below applies to your case.
• Special factors – A less serious charge may qualify for aid if, for example –
  • you have previous convictions, which may mean a prison term is more likely, or
  • your case is very complicated, or
  • you face a special barrier or disability, such as difficulties with reading or writing, or mental illness.

How will I find out if I’ve been granted legal aid?

You may be told when you next go to court. You will also be sent a letter within a few days after the Legal Services Agency receives your application.

If you haven’t been told and your case is about to go to court, ring your nearest Agency office and ask to talk to someone about your application for legal aid.

What if my financial situation changes?

You or your lawyer must tell your local Legal Services Agency office if there’s an increase in your household income or in the value of the property you and your partner own. This may affect how much legal aid you’re granted or how much you have to repay.

What can I do if I’m refused legal aid?

You or your lawyer can challenge the decision by asking the Agency to reconsider it, or by appealing to the Legal Aid Review Panel.

You can apply for legal aid again if you lose your job or your income drops, or if the Police charge you with a more serious offence.

What can I do if challenging the decision doesn’t change it?

• Ask your local community law centre whether a lawyer from the centre can represent you for free
• Negotiate with a lawyer to pay them later or in instalments
• Try to find a lawyer who will work for you for free ("pro bono")
• Represent yourself at court