State reasonableness test

State reasonableness test

Under the State reasonableness test, the person’s lawyer (if any) or Victoria Legal Aid (VLA) must consider:

  • the nature and extent of any benefit which a grant of legal assistance might give to:
    • the person
    • the public
      or
    • any section of the public
  • the nature and extent of any detriment which a refusal of a grant of legal assistance might cause to:
    • the person
    • the public
      or
    • any section of the public.
  • in the case of assistance in relation to a proceeding in a court other than a criminal appeal – whether the proceeding is likely to terminate in a manner favourable to the person
  • for a criminal appeal – whether there are reasonable grounds for the appeal.

Matters to which this test applies

The person seeking a grant of legal assistance must satisfy the State reasonableness test, as well as, usually, the means test, in relation to the following broad matters:

Categories of people the means test does not apply to must meet only the State reasonableness test in relation to these matters.