Under the State reasonableness test, the person’s lawyer (if any) or Victoria Legal Aid (VLA) must consider:
- the nature and extent of any benefit which a grant of legal assistance might give to:
- the person
- the public
or - any section of the public
- the nature and extent of any detriment which a refusal of a grant of legal assistance might cause to:
- the person
- the public
or - any section of the public.
- in the case of assistance in relation to a proceeding in a court other than a criminal appeal – whether the proceeding is likely to terminate in a manner favourable to the person
- for a criminal appeal – whether there are reasonable grounds for the appeal.
Matters to which this test applies
The person seeking a grant of legal assistance must satisfy the State reasonableness test, as well as, usually, the means test, in relation to the following broad matters:
- State civil law matters
- State criminal law matters to be heard and determined in the Magistrates’ Court or summarily in the Criminal Division of the Children’s Court
- criminal appeals from the Magistrates’ Court to the County Court.
Categories of people the means test does not apply to must meet only the State reasonableness test in relation to these matters.
Updated