14 – State reasonableness test and interests of justice test

14 – State reasonableness test and interests of justice test

Introduction

For many State law matters for which Victoria Legal Aid (VLA) may provide a grant of legal assistance, either the State reasonableness test or the State interests of justice test is one of the threshold issues which the person seeking assistance must satisfy.

Assessing whether a person meets the relevant test

Standard grants assessment process

If VLA processes an application for a grant of legal assistance through its standard grants assessment process, then VLA’s assessment unit assesses and decides whether the person and their matter satisfy the State reasonableness test or the interests of justice test, whichever is relevant.

Simplified grants assessment process

If VLA processes an application for a grant of legal assistance through its simplified grants assessment process, then the person’s lawyer assesses whether the person and their matter satisfy the State reasonableness test or the interests of justice test. The lawyer then recommends to VLA’s grants assessment unit that VLA should or should not provide a grant of legal assistance partly on the basis of their assessment. VLA will base its eventual decision in part on the lawyer’s recommendation.