Guideline 2 – social security and other benefits: administrative appeals

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
• the case is complicated
• the case requires significant medical evidence
• it would be unreasonable to expect the person to adequately represent themselves due to special circumstances
• VLA determines that the appeal involves an important or complex question of law.

Documentary requirements

A member 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.