Victoria Legal Aid (VLA) may make a grant of legal assistance to a victim of crime:
- applying in the Victims of Crime Assistance Tribunal under the Victims of Crime Assistance Act 1996 (VOCAT application)
- applying for assistance, or seeking a variation under the Victims of Crime (Financial Assistance Scheme) Act 2022 where the application is a complex, associated or complex variation application (VFAS application), or
- seeking a review of the decision of the scheme decision-maker, either an internal review or a review to VCAT, under the Victims of Crime (Financial Assistance Scheme) Act 2022
to be represented by a lawyer where the case meets the State reasonableness test.
Where assistance is sought for review of a decision by the scheme decision-maker to VCAT this must constitute a reviewable decision as per section 44 of the Victims of Crime (Financial Assistance Scheme) Act 2022. A review of the decision of the scheme decision-maker, either an internal review or a review to VCAT, will be allocated to a VLA lawyer or a Victims Legal Service lawyer.
Where assistance is granted pursuant to this guideline, contributions assessed under the means test and equitable charges required under the Debt policy will be waived.
Applications assessed under this guideline are subject to the funds available and VLA's standard terms and conditions.
Documentary requirements
Applications under this guideline are normally only within the simplified grants assessment process.
VLA 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 7
- in relation to a VFAS application, the lawyer’s assessment of how the matter is a complex, associated or complex variation application
- the lawyer’s assessment of how the matter meets the State reasonableness test
- in relation to review of a VFAS decision to VCAT, how the matter constitutes a reviewable decision
Lawyers on the section 30 referral panel
A lawyer on the section 30 referral panel may submit an application under this guideline. Lawyers should submit an application via ATLAS for assessment. The following documents should also be submitted:
- a reference to guideline 7
- In relation to a VFAS application, the lawyer’s assessment of how the matter is a complex, associated or complex variation application
- the lawyer’s assessment of how the matter meets the State reasonableness test
- In relation to review of a VFAS decision to VCAT, how the matter constitutes a reviewable decision
Victims Legal Service Lawyers
- Ballarat & Grampians Community Legal Service
- Djirra
- Eastern Community Legal Centre
- Gippsland Community Legal Service
- Inner Melbourne Community Legal
- Mallee Family Care Community Legal Centre
- Northern Community Legal Centre
- South-East Monash Legal Service
- Victorian Aboriginal Legal Service
- Victoria Legal Aid
- Women’s Legal Service Victoria
Guideline 7 should be read in conjunction with the Notes on Guideline 7 – Victims of Crime Assistance Tribunal and Victims of Crime Financial Assistance Scheme.
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