Victoria Legal Aid (VLA) will generally make a grant of legal assistance to a person in the following proceedings pursuant to the Serious Offenders Act 2018 or the Criminal Code Act 1995 (Cth) (‘The Acts’):
- an application by the Director of Public Prosecutions for a Detention Order
- an application by the Secretary to the Department of Justice and Community Safety for an Emergency Detention Order
- an application by the Secretary to the Department of Justice and Community Safety for a Supervision Order
- an application by the Minister for the Department of Home Affairs for a Continuing Detention Order, Control Order or Extended Supervision Order or review of these orders
- an application by the Secretary to the Department of Justice and Community Safety for a review of conditions or renewal of a Detention or Supervision Order
- an application by the Minister for Immigration or their legal representative for a community safety order, to vary a condition of a community safety order, or to review a community safety order
- an application by a person subject to a community safety order to review a community safety order
- an appeal against an order made in community safety order proceedings
- proceedings regarding the contravention of a community safety order
- an application for review of conditions by the person subject to an Order under these Acts
If:
- the benefit of representation outweighs the detriment that the person is likely to suffer if they are not represented, and
- the proceedings will terminate in a manner favourable to the person, or
- it is reasonable in all the circumstances, having regard to section 24 of the Legal Aid Act 1978, the merit of the application and benefit to the person, to provide a grant of legal assistance.
Additionally, VLA will make a grant of legal assistance available to a person if ordered to do so by a court.
Documentary requirements
All applications under this guideline will generally be decided via VLA's simplified grants assessment process except the following must be decided via the standard grants assessment process:
- applications for a review of conditions by the person subject to an Order under this Act
- applications for special disbursements including to fund an expert assessment and report.
Where the matter is to be decided via the standard grants assessment process, a lawyer on the section 29A practitioner panel seeking a grant of legal assistance must submit an application in ATLAS and include for assessment:
- relevant proof of means
- the supervision order itself (if in relation to an offender's application to review conditions of a supervision order)
- the lawyer's assessment of why it is reasonable in all the circumstances to provide a grant of legal assistance having regard to the merit of the application and benefit to the client (if an application is made by a lawyer).
Applications made on the basis that a Court has ordered that the costs of the person's legal representation for the proceeding be funded must include a copy of the Court's order.
Updated