Victoria Legal Aid (VLA) may provide a grant of legal assistance to a person for representation in a social security or other Commonwealth benefits matter in the Administrative Appeals Tribunal if:
- the person may incriminate themself in the proceedings
or
- the case is complicated
or
- the case requires significant medical evidence
or
- it would be unreasonable to expect the person to adequately represent themselves due to special circumstances
or
- VLA determines that the appeal involves an important or complex question of law.
Documentary requirements
An in-house lawyer or a lawyer of the section 30 referral panel seeking a grant of legal assistance should submit an application for assessment via the standard grants assessment process on ATLAS, including all of the following documents:
- having referred to guideline 2 and all available material, the lawyer’s assessment or report and documentation that shows:
- how the person seeking a grant of legal assistance may incriminate themselves if unrepresented
- aspects of the case which make it complicated
- any special circumstances which would make it unreasonable for the person applying for the grant of legal assistance to represent themselves
or - any important or complex question of law raised by the matter
- reference to how the matter meets the Commonwealth merits test
- relevant proof of means.
Costs payable
Please see Fee Schedule 2, Table V.
Updated