Role of Victoria Legal Aid & Vic Community Legal Centres in Assisting an accussed and victims of crime
Victorian Legal Aid (VLA)
A government agency, it provides free legal advice to the community, with low cost legal representation
Most critical role is to provide legal aid for accused people
Can include more than being legally represented in court:
•The provision of legal education and information through their website and over the phone
•Legal advice, which is normally advice and information about the law and how it applies to a particular case
•Duty lawyer services in the Magistrates’ Court
•Legal representation which means VLA will ‘represent’ the accused in the case.
used to uphold the POJ’s
Assistance for an accused through VLA
Free Legal Information
Description:
VLA’s website has free information for all Victorians about the law, court processes and basic legal principles
Some examples include, public libaries, booklets, phone services, etc
Eligibility:
Available for ALL
Free Legal Advice
Description:
This can be in person, by video conference over the phone
Advice can be given about what happens in court or about the law taht applies to the case
Eligibility:
Is income tested by priority of low income, disabled, First Nations, Children
Duty Lawyer Services
Description:
A duty lawyer is present on a day and can help people who have a case on that day
Advice can be given about what happens in court or law that applies to the case
Legal representation can be provided
ONLY AVAILABLE IN THE MAGISTRATES AND CHILDRENS COURT
Eligibility:
priority of First Nations and those in custody
must meet an income test (unless in court)
legal representation is prioritised to those who face a significant charge or a category of people who are prioritised by VLA
Grants of Legal Assistance
Description:
To those who cannot afford a lawyer
may include helping reslove a matter, prepping legal documents and representing them in court
Eligibility:
All grants are capped
accused must meet a means test (Financial Assesment)
must also consider the benifiet or detriment that a grant may give the person or the public
Assistance for VOC through VLA
Free Legal Information
Description:
VLA’s website has free information for all Victorians about the law, court processes and basic legal principles
Some examples include, public libaries, booklets, phone services, etc
Also information about going to court as a witness, making applications about how to obtain financial assistance
Eligibility:
Available for ALL
Free Legal Advice
Description:
The Victims Legal Service provides free legal advice and support for victims.
can be about how to make an application for financial assistance or to get compensation from offender
Limited
Eligibility:
Victims seeking assistance for compensation for loss they suffered
Duty Lawyer Services
Description:
A duty lawyer is provided for victims who seek a personal safety intervention order
Advice can be given about the matter they may be facing, how they represent themselves and where to access services
legal rep can be provided
Eligibility:
those who need it most
not income tested
priority is given to low income, disabled, children
Grants of Legal Assistance
Description:
limited to a person applying for a family violence protection order or a personal safety intervention order
generally not given for someone to sue an accused person for compensation or the accused’s criminal case
Eligibility:
strict guidlines to give out grants to VOC
generally considers the benefit or detriment that a grant might give the person or the public
Strengths & Weaknesses of VLA
Strengths
Free legal info on VLA’s website that is available to everyone, regardless of income. This includes info about court processes, basic rights, basic legal principles
Free legal advice & assistance, such as a duty lawyer. First nations people are prioritised
Some legal info is provided in 30 different languages
Weaknesses
Free legal info may not be enough for certain ppl, this may be limiting to ppl charged with indictable offences
Does not have unlimited resources, ppl who cant afford a lawyer may not be eligble, VOC does not get assistance
Demand for VLA may be limited. mean that some ppl cant access it
Community Legal Centres (CLC)
provide free legal services- advice,info and sometimes representation
Around 50 CLC’s are in Victoria
CLC’s are funded by the Commonwealth and State funding, can also be private funding from independent organisations
Two Types of CLC’s
Generalist: provide services to ppl who live in a specific geographical area
Specialist: focus on an area of law or group of ppl (eg.womens only)
Community Legal Centres (CLC)– for the accused
Basic Legal Information
Provide basic legal info w some of the info online.
The Fitztroy Legal Service also helps educate by producing the law handbook which provides a practical guide for law in Vic & is an online and hard copy
Free Legal Advice and Assistance
Often provide legal advice such as helping writing short letters or completing forms. They can also help apply for grants from VLA
Some set up app times w lawyers as well
Duty Lawyer Service
Provide casework or assistance for accused
involves ongoing legal representation & assistance
many CLC’s do not offer assistance for an indictable offence
Community Legal Centres (CLC)– for a Victim
Basic Legal Information
Provides basic legal information w some of the info online
e.g womens legal services vic-offers specialized support and legal assistance tailored to women who have experienced family violence or sexual assault.
Free Legal Advice
Provides legal advice such as help writing short letters, applications or completing forms. some set up app times w lawyers & youth law
Duty Lawyer Service
Provides a duty lawyer for VOC who are seekinga family violence protection order or a personal safety order
e.g Womens Legal Service Vic
Ongoing Casework
provides ongoing casework or assistance for VOC
each CLC has eligibility requirements
most involves applications for financial assistance, or an application for a family violence protection order or a personal safety intervention order
Strengths & Weaknesses of CLC’s
Strengths
Free legal info on CLC website for everyone e.g fitzroy legal service
some legal advice is provided in diff languages, some CLC’s offer free interpreter, helps non english spekaers understand the legal system
provides info to help educate about process, rights.
Law handbook can be acessed at anytime & programs are often delivered by CLC’s
Weaknesses
insufficent funding to be able to help everybody. there is a service gap
do not assist ppl w indictable offences & may be limiting to summary offences
VOC does not get assistance
may not have enough staff that meets the needs of the accused & VOC
may result in being turned away