Guideline 7 – Proceeds of Crime Act 2002

Guideline 7 – Proceeds of Crime Act 2002

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person in relation to proceedings under the Proceeds of Crime Act 2002 (Cth) (the Act) if the person has property that is covered by a restraining order made under the Act, or is likely to be covered by such an order.

In assessing a person’s eligibility under the means test, VLA will disregard any of the person’s property that is subject to a restraining order or confiscation order under the Act, or is likely to be covered by such an order.

In assessing a person’s eligibility for a grant of legal assistance for proceeds of crime proceedings under the Commonwealth merits test, VLA will disregard the appropriateness of spending limited public legal aid funds test.

The costs of providing legal assistance to an applicant will be reimbursed to VLA in accordance with section 293 of the Act.

VLA will ensure that the costs claimed by it in accordance with this guideline are fair and reasonable, and in accordance with the VLA’s usual fee scales for civil law matters.

Documentary requirements

Applications under this guideline must be submitted via the standard grants assessment process.

A member of the section 29A practitioner panel or section 30 referral panel seeking a grant of legal assistance should submit an application via ATLAS for assessment, including all of the following documents:

  • a copy of any restraining order or application for a restraining order, or confiscation order
  • reference to how the matter meets the Commonwealth merits test, noting that the appropriateness of spending limited public legal aid funds test does not apply
  • documentary proof of any Commonwealth special circumstances
  • relevant proof of means