Legal Aid is a government funded legal assistance scheme for people who are financially disadvantaged. Legal Aid’s aim is to provide quality legal services to people who cannot afford to partially or fully fund their own lawyer.

There are Legal Aid offices or departments in each Australian state and territory. Queensland alone has 14 offices in both urban and rural areas. Each state or territory applies its own rules about who is eligible for Legal Aid and what areas of law Legal Aid will cover. Sometimes only legal advice is provided. For other matters legal representation in court is also funded. In some circumstances Legal Aid funding may be provided on the basis that you will repay the Legal Aid office or department if you win your case and receive a settlement amount.

The types of legal matters that are most commonly funded by Legal Aid include:

• Criminal Law;
• Family Law;
• Immigration & Migration; and
• Civil Law disputes.

Civil disputes include:

• Centrelink issues and social security;
• Debt;
• Discrimination;
• Guardianship and Administration;
• Infringements;
• Mental Health;
• Residential Tenancy;
• Sexual Harassment; and
• Victims of Crime.

In deciding whether or not to grant Legal Aid each state and territory office will apply its own version of:

• a matter test which decides whether the office will cover the type of legal problem you have;
• a means test which decides whether Legal Aid considers that you can afford to pay some or all of the legal costs yourself; and
• a merits test which decides whether you have good grounds for bringing or defending a legal case and whether it is considered serious enough to justify Legal Aid funding.

This Guide on Legal Aid provides people who are seeking financial support for legal assistance with information on eligibility for Legal Aid, instructions on how apply for it and what kind of support they can expect from Legal Aid. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply