Repayments
People who are granted legal aid may have to repay some or all of the grant.
The financial information used to calculate eligibility for legal aid is also used to calculate the applicant’s ability to make repayments.
When a grant is made the legally aided person will be told the maximum amount they may have to repay. Repayments may have to be made straight away.
Civil/family legal aid may be withdrawn if repayments are not made. People who are having trouble with repayments should contact the Agency as soon as possible to discuss the situation.
Repayments can be made in different ways and a person may have to use more than one way. The options are:
- A lump sum
- Instalments (weekly, fortnightly or monthly payments)
- A charge on the applicant's property
- If the applicant owns a house, car or other valuable property, the Agency may put a "charge" on it. This means that if the property is sold, the debt to the Agency is repaid out of the money received from the sale. The Agency will put a charge on property if owed more than $300.
- The applicant can also decide to pay the money owed at any time. The “charge” will then be released.
- The proceeds of the case if any. The applicant will probably have to pay back the full amount of legal aid (minus any money already paid) if any money or property is won out of the court case.
Click here for more detail on repayments for Criminal legal aid.
Click here for more detail on repayments for Civil / family legal aid.
