Victoria Legal Aid Handbook for Lawyers

Guideline 2 – Mental Health Tribunal cases

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for a Mental Health Tribunal (MHT) matter and/or for an appeal from the tribunal’s decision, if:

  • The application is seeking to substantially reduce or remove the restrictions that the applicant is subject to

and

  • There is a reasonable chance that the matter will succeed

and

  • No alternative service (such as a VLA duty lawyer or other funded service) is available.

Documentary Requirements

Applications under this guideline can only be submitted via the standard grants assessment processExternal Link .

An in-house lawyer or a lawyer on the section 30 referral panel seeking a grant of legal assistance will need to submit an application via ATLASExternal Link for assessment, including all of the following documents:

  • relevant proof of meansExternal Link
  • documentary proof of matter, which should include a copy of the notice of hearing
  • documentation that there is a reasonable chance that the matter will succeed, and the matter meets the State reasonableness testExternal Link
  • No alternative service (such as a VLA duty lawyer or other funded service) is available.

Costs payable

Please see Fee Schedule 2, Table OExternal Link .

Reviewed 26 April 2023

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