What does the Victorian Bar Legal Assistance
Scheme do?
The Scheme aims to provide legal assistance in Victoria to
people in legal and financial need who cannot obtain appropriate
legal assistance from another source.
Who provides legal assistance through the
Scheme?
Legal assistance is provided through the Scheme by barristers
who are members of the Victorian Bar. The administrators of
the Scheme maintain a database of barristers who have expressed
their willingness to provide assistance on a pro bono basis
and whose practices cover a wide range of areas of law.
What sort of assistance is available through
the Scheme?
The application form asks you to outline the nature of the
legal problem for which you require legal assistance. Depending
on the nature of the matter, the resources of the Scheme and
the availability of barristers, a matter will generally be
referred to a barrister to provide assistance of a defined
nature. Some examples of the type of assistance that you may
receive through the Scheme are:
- a preliminary advice as to the prospects of the case;
- preparation of court documents; or
- representation at a hearing.
In some cases, it may only be possible to provide assistance
through the Scheme which is more limited in scope than the assistance
you request in your application.
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Do I need to have a solicitor involved
in my case before I can receive assistance from a barrister
through the Scheme?
Most cases require the involvement of a solicitor for the filing
of court documents, collection of evidence and other matters.
Therefore, before you can receive assistance from a barrister
under the Scheme, you will usually need to have a solicitor
acting for you. This is not always the case, as there are some
types of cases that do not require you to have a solicitor acting
for you. If you do not know whether your case requires a solicitor,
you should discuss this with the administrators of the Scheme.
If your case is one in which a solicitor is required and you
do not have a solicitor acting on your behalf, your case will
not be referred to a barrister through the Scheme until you
secure the services of a solicitor. You may know of a solicitor
who is willing to give you assistance for free or at a reduced
fee. The Scheme cannot assist you to find a solicitor, but the
administrators of the Scheme can suggest some other schemes
and organisations that may be able to help you to do so.
Who is eligible for assistance through
the Victorian Bar Legal Assistance Scheme?
To be eligible for assistance under the Scheme, you must be
able to demonstrate to the administrators of the Scheme that:
- you have a legal problem requiring the assistance of a
barrister;
- your case has legal merit;
- you do not have the financial means to obtain legal assistance
from a barrister on a full fee-paying basis;
- you are unable to obtain appropriate legal assistance
from any other source (including other
legal assistance schemes); and
- you have made an application for legal aid (unless
it is obvious to the administrators that you are ineligible
for legal aid), and either that application has been
refused or no decision has been made in relation to the
application.
The information outlined above should be provided to the
administrators of the Scheme on the prescribed application
form. As part of that application, you will also be required
to provide information about your income, assets and financial
resources.
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Will I be eligible
for assistance through the Scheme if I am granted legal aid?
No. You will not be eligible for assistance through the Scheme
if:
- you are receiving legal aid at the time you make an application
to the Scheme; or
- if legal aid is granted to you after you submit an application
to the Scheme (in which case, you should
advise the administrators of the Scheme immediately).
You may be eligible for assistance through the Scheme even
if you have previously received legal aid, but have reached
the legal aid "cap" in relation to that matter.
You should tell the administrators of the Scheme if that is
the case. In special circulstances, you may be eligible.
Do the administrators of the Victorian Bar
Legal Assistance Scheme provide legal advice?
No. The administrators of the Scheme do not provide legal
advice or perform any type of legal work on your behalf. The
Scheme is a point of first contact only. The function of the
administrators of the Scheme is to obtain legal assistance
for approved applicants.
If your matter is referred to a barrister through the Scheme:
- the Scheme does not accept any responsibility for the
outcome or handling of your matter; and
- you should direct all questions or concerns about the
legal aspects of the matter to the barrister.
Do I have a right to obtain assistance from
a barrister through the Scheme?
No. The Scheme is a purely discretionary scheme for the provision
of legal assistance. The Scheme’s administrators will
use their discretion to determine whether assistance can be
provided to a particular applicant.
Can I appeal against a decision by the Scheme
to refuse my application?
No. The administrators are not required to give you or any
other person reasons for accepting or rejecting your application.
Accordingly, the decision of the Scheme’s administrators
to accept or reject an application is final and is not subject
to any review.
If my application is accepted by the Scheme,
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