Legal Aid
4. Legal Aid and Duty Lawyers
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 02 Aug 2015
- Legal Aid can provide free over the phone advice for matters it considers appropriate. You can also access legal information and publications about various legal issues on your state or territory Legal Aid website.
- You can call Legal Aid and request free advice about your matter. If Legal Aid cannot help you the telephone operator might be able to refer you to another service that can assist such as a Community Legal Centre.
- You can ask for an interpreter (provided by Legal Aid for free) to assist with your phone call.
- All publications and information guides are freely accessible and downloadable from your state or territory Legal Aid website.
- If you are at a court you may be able to seek advice from a Legal Aid duty lawyer.
- Legal Aid duty lawyers are available at certain courts and tribunals to assist people on the day of their matter. This service is free but its availability will depend on your circumstances.
- Before you go to the court or tribunal you should contact Legal Aid to ask if you can see a duty lawyer.
- Duty lawyers are able to assist with a variety of legal matters including:
- criminal law;
- family law;
- mental health law;
- serious traffic matters;
- some immigration matters; and
- tenancy matters.
- If Legal Aid says that a duty lawyer can see you then you should be prepared to attend the court or tribunal as soon as it opens as there are often a lot of people wanting to see the duty lawyer.
- When you arrive at the court or tribunal go to the reception and ask if you can see the duty lawyer.
- Priority is given to people who:
- cannot afford a lawyer;
- are mentally impaired;
- are homeless or at risk of homelessness;
- are in a psychiatric in-patient unit with a Mental Health Review Board hearing;
- are a child or young person going to the Children’s Court;
- struggle with English:
- you should let the staff know if you need an interpreter (ideally you should let the court or tribunal know that you need an interpreter before the date of your hearing);
- are an Indigenous Australian;
- are at court for a family violence matter;
- are in the custody of police or are facing a serious penalty:
- a ‘serious’ penalty is a penalty that involves jail, a community corrections order or a substantial fine.
- Please note that if you are an adult and have a criminal matter at the Magistrates’ Court access to the duty lawyer will depend on your income. There will be forms for you to fill out giving details of your finances.
- Duty lawyers are very busy and have a lot of matters to deal with. Depending on your matter they may only provide you with some advice or give you information brochures. Occasionally they will be able to represent you in court especially if you are pleading guilty to a criminal offence. In that situation they may help you explain to the judge or magistrate any circumstances that make your offence less serious or which you think the court should take into account when deciding on your sentence.
- The type of assistance a duty lawyer can provide includes:
- giving you information about what will happen in court;
- giving you advice about the law;
- providing assistance with any negotiations with the prosecution (for criminal matters);
- representing you in the court room by speaking and making arguments on your behalf; or
- helping to arrange a Legal Aid lawyer to run your case. This may include asking the court to adjourn (postpone) your hearing so that you can apply for a grant of Legal Aid to provide you with a lawyer.
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