Guideline 10 – infringements cases

Guideline 10 – infringements cases

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person who is liable to pay multiple infringements exceeding $5,000 in total where the person either:

  • wants to apply to revoke an infringement warrant or an enforcement order
  • has a matter listed in the Magistrates’ Court in relation to an infringement warrant
  • has a matter listed in the Special Circumstances List of the Magistrates’ Court.

There must be a strong likelihood that legal assistance will result in:

  • the enforcement order being revoked
  • the infringement penalty being substantially discharged.

In addition, the person must meet at least one of the following:

  • have, or at the time of the offence suffered from, a mental or intellectual disability, disorder or illness
  • have, or at the time of the offence suffered from, a serious addiction to drugs, alcohol or a volatile substance
  • have been homeless at the time of the offence.

A person who does not meet this guideline is not eligible for assistance under the State's special circumstances.

    Documentary requirements

    Applications under this guideline are within the standard grants assessment process.

    Standard grants assessment process

    Lawyers seeking a grant of legal assistance via the standard grants assessment process should submit an application via ATLAS for assessment, including all of the following documents:

    • copies of the penalty enforcement notices for any infringements
    • the lawyer’s assessment of the likely outcome
    • documentary proof of any illness or condition claimed to meet guideline 10
    • relevant proof of means.