Victoria Legal Aid Handbook for Lawyers

Guideline 2 – Mental Health Tribunal cases

Victoria Legal Aid (VLA) will make a grant of legal assistance for a Mental Health Tribunal (MHT) matter and/or for an appeal from the tribunal’s decision, if VLA is satisfied that you meet all of the following tests:

  1. Financial eligibility – you must meet the VLA means test. The test is explained here.
  2. Your case – you must be seeking to substantially reduce or remove the restrictions you are subject to.
  3. How will your case turn out (merit) – there must be a reasonable chance that you will succeed and your case must meet the State reasonableness test. The test is explained here.
  4. No alternative service (such as a VLA duty lawyer or other funded service) is available.

Costs payable

Please see Fee Schedule 2, Table O.

Reviewed 21 February 2022

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