Do I Qualify For Legal Aid?

Can I Get Legal Aid in My Criminal Case?

What Is a “Grant of Legal Assistance”?

A grant of legal assistance means that Victoria Legal Aid agrees to pay for a lawyer (that is, TAIT Lawyers) to help you with your criminal matter.

A grant does not automatically mean everything is free. In some cases, you may be asked to pay a contribution (more on that below).

The Three Things Legal Aid Looks At

To get Legal Aid in a criminal case, you usually need to pass three tests:

• Is your type of case covered?
• Can you afford a lawyer yourself? (the means test )
• Is it reasonable to fund your case? (the merit or reasonableness test )

All three are important.

1. Is Your Criminal Case the Kind Legal Aid Covers?

Legal Aid usually helps with serious criminal matters, including:

• charges in the Magistrates’ Court
• indictable offences (serious charges)
• bail applications
• criminal appeals
• breaches of court orders (such as intervention orders or community corrections)
• mental impairment matters

If you are a child (under 18) charged in the Children’s Court, Legal Aid is usually available and the means test often does not apply.

Minor matters (for example, very low‑level traffic offences) are typically not funded unless there are special circumstances.

2. The Means Test: Can You Afford a Lawyer Yourself?

Legal Aid is for people who cannot reasonably pay for a private lawyer. To work this out, VLA applies a means test.

What does Legal Aid look at?

They will usually look at:

• your income (wages, Centrelink, business income)
• your partner’s income (if applicable)
• what you own (savings, cars, property, shares)
• your regular expenses
• whether you support children or dependants

If your income and assets are below Legal Aid’s limits, you may pass the test.

What if I get Centrelink?

If you receive certain government benefits (such as JobSeeker or a disability pension), you are often eligible, but it is not automatic. VLA still checks your overall situation.

3. The Merit or Reasonableness Test: Is Legal Aid Justified?

Legal Aid also asks whether it is reasonable and fair to spend public money on your case.

This depends on how serious your charges are and what could happen to you.

If you are pleading NOT guilty

Legal Aid will usually only fund a contested case if there is a reasonable chance of success (that is, being found not guilty on the most serious charge), based on the evidence.

If you are pleading guilty

Legal Aid is more likely to be granted if:

• you are at risk of going to jail , or
• the charge is serious , or
• the consequences will significantly affect your life (for example, your job or freedom).

Will I Have to Pay Anything?

Sometimes yes.

Even if Legal Aid agrees to help, you may be asked to:

• pay a contribution upfront or over time, or
• repay some costs later.

This depends on your financial situation. Some people pay nothing. Others pay a small amount compared to private legal fees.

What If I Don’t Qualify?

If Legal Aid says no:

• we can help you explore other payment options
• you may still be able to get free advice , a duty lawyer , or help before court

How Do I Apply?

You do not have to apply on your own.

We will:

• check if you’re likely to qualify
• help prepare and lodge the application
• deal with Victoria Legal Aid on your behalf

Getting advice early can make a real difference.