State interests of justice test

State interests of justice test

If Victoria Legal Aid's (VLA’s) Legal Practice or the lawyer of a person who has been charged with an indictable criminal law offence under State law considers it is ‘desirable in the interests of justice’ that the person should have legal representation, then VLA must consider only whether the person satisfies the means test before granting legal assistance.

In deciding the extent of legal representation for which it may provide a grant of legal assistance in these circumstances, VLA must consider the merits of the application.

Matters to which this test applies

The person seeking a grant of legal assistance must satisfy the State interests of justice test, as well as, usually, the means test, in relation to indictable State criminal law matters.