Victoria Legal Aid Handbook for Lawyers

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person charged with a criminal offence under Victorian or Commonwealth law which will be heard and determined by a Victorian court if:

  • the matter is a criminal law matter within the criminal law guidelines
    and (usually)
  • VLA considers the person cannot afford the full cost of private legal services (the means test).

If the matter, the proceedings and the person meet these threshold requirements, then VLA will make a grant of legal assistance for:

  • a criminal offence to be heard in the Magistrates’ Court and for an appeal from the Magistrates’ Court to the County Court – if VLA considers it is reasonable to make a grant of legal assistance, after having taken into account all relevant matters (the State reasonableness test)
  • an indictable criminal offence – if it is desirable in the interests of justice to grant assistance (the State interests of justice test)
  • an appeal – if there are reasonable grounds for the appeal.

If the matter comes within the criminal law guidelines and meets the state reasonableness test, then VLA will make a grant of legal assistance to:

VLA does not apply the means test to these two categories of people, or to any spouse or de facto partner of a child who is seeking a grant of legal assistance for proceedings in the Criminal Division of the Children’s Court.

Criminal law guidelines

The criminal law guidelines set out the conditions under which a grant of legal assistance may be made for the following types of matters:

Reviewed 18 February 2022

In this section