Legal Aid

Pip takes Legal Aid cases, and can assist you to determine whether you are eligible for a grant of Legal Aid.

Pip worked for legal aid for approx 12 years between Tasmania and South Australia, specialising in criminal defence. In that time, she found that many members of the community don't know how Legal Aid operates.

What is Legal Aid?

Legal Aid is a government funded body that pays for eligible members of the community to receive legal representation. You must apply for a "grant" of legal aid, which if granted then allows you to be represented by a lawyer. There are two ways this can happen. If you would like to be represented by a private lawyer then you contact that lawyer who would apply for legal aid on your behalf and receive grants of legal aid from the government to assist you and represent you. Alternatively, you can go to the offices of Legal Aid, located in Hobart, Launceston, Burnie and Devonport and if your application is granted you will be assigned a lawyer that is employed by Legal Aid.

How do I know if I am eligible for Legal Aid?

Eligibility for Legal Aid is determined on a means test and a merits test. If you are in receipt of government benefits, you will likely satisfy the means test depending on your individual circumstances and assets. Depending on your individual financial circumstances, you may be eligible for a grant of aid if you are working. Your lawyer must also tell legal aid that there is merit in your application and outline why they say they should receive funding to represent you. If you meet both the means and merit test, then your lawyer will receive a grant of aid to represent you. At different times throughout the proceedings, your lawyer will apply for additional grants of aid so they can keep working with you and appearing in court for you.

All people who are eligible to receive a grant of legal aid must pay a contribution towards their representation, starting at $60. This is only for people who are in the community - people who are in custody do not have to pay any contribution. That contribution is paid directly to your lawyer. Monk Lawyers are able to arrange for this contribution to be paid via centrepay at your request. The amount of the contribution is decided by Tasmanian Legal Aid, and depends on your income and assets. Your lawyer doesn't have control over the amount of the contribution.

Legal Aid funding is a really important part of the criminal Justice system. It allows eligible people who can't afford to pay a lawyer to be represented, by whichever lawyer they choose. This means that members of the community who are eligible for legal aid aren't at any disadvantage.