Guideline 5 – equal opportunity or discrimination cases

Guideline 5 – equal opportunity or discrimination cases

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for an equal opportunity or discrimination case if there is a strong prospect that there will be a benefit to the person seeking assistance.

Documentary requirements

Equal opportunity cases

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:

  • after referring to guideline 5 and all available material, the lawyer’s assessment of the prospect of benefit being gained by the person applying for the grant of legal assistance
  • copies of any relevant documents
  • reference to how the matter meets the State reasonableness test
  • documentary proof of any State special circumstances
  • relevant proof of means.

Simplified grants assessment process

Lawyers seeking a grant of legal assistance via the simplified grants assessment process should submit an application via ATLAS, only after ensuring that the following documents are retained on file (unless they are requested by VLA for assessment):

  • a reference to guideline 5
  • the lawyer’s assessment of the prospect of benefit being gained by the person applying for the grant of legal assistance
  • documentary proof of any State special circumstances
  • relevant proof of means.

Discrimination cases

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 with the documents listed above for the standard grants assessment process applications in equal opportunity matters.

A request for a grant of legal assistance under this guideline cannot be made via the simplified grants assessment process.