People the means test does not apply to
War veterans or dependants of war veterans, in some circumstances
VLA will not apply the means test and will not require a financial contribution from a war veteran or a dependant of a war veteran who applies for a grant of legal assistance for:
- appeals from decisions of the Veterans' Review Board about war-caused disability pension entitlements or assessment claims under Part II of the Veterans’ Entitlements Act 1986 (Cth)
- appeals from decisions of the Veterans' Review Board about claims under the Military Rehabilitation and Compensation Act 2004 (Cth) relating to any of the following:
- warlike or non-warlike service
- the acceptance of liability by the Commonwealth
- rehabilitation programs
- permanent impairment
- incapacity payments for former members
- the special rate disability pension
- dependants’ benefits.
Children and their financially associated people
VLA does not apply the means test to, and does not require a financial contribution from children in:
- Children’s Court proceedings (where the person is 18 years or younger)
- family law proceedings where an independent children’s lawyer has been appointed.
Where an independent children’s lawyer has been appointed for a child, VLA may still apply the means test to other parties in the family law proceedings (whether these parties are in receipt of a grant of legal assistance or not).
People involved in proceedings under the Crimes (Mental Impairment and Unfitness to be Tried) Act
VLA does not apply the means test to and does not require a financial contribution from people who are subject to a supervision order under Part 5 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, in relation to any proceeding under that Act about that supervision order.