Victoria Legal Aid
Encyclopedia
Victoria Legal Aid is an organisation that focuses on helping and protecting the legal rights of socially and economically disadvantaged people in the state of Victoria
, Australia
. It provides information, referral, advice and legal representation services in family, civil and criminal law within Victoria.
As a statutory authority
, VLA operates under the Legal Aid Act 1978 and is funded by the Australian government for matters that fall under Commonwealth law, and the Victorian state government. The majority of Commonwealth law matters fall within the family law jurisdiction.
Another source of funding is from the public purpose fund, made up of interest paid on money that is collected by the Legal Services Board from solicitors’ trust accounts.
VLA also administers Commonwealth and state government funding of community legal centres
within Victoria. There are 27 generalist community legal centres in Victoria, and all but one of these is funded through VLA's community legal centre funding program. There are also 25 community legal centres specialising in particular areas of law or that help particular groups of people. Of these, 14 are funded through VLA's community legal centre funding program.
is more than 100 years old in Victoria.
Before 1928 only prisoners or very poor people could apply to the Supreme Court
for legal aid. In 1928 the government set up the Public Solicitor's Office to make legal aid more easily available. People were eligible if they did not own property worth more than 50 pounds. As more people learnt about legal aid, demand increased. This created a backlog of cases in the Public Solicitor's Office. To provide more legal aid, the Victorian state government passed the Legal Aid Act 1961 which set up the Legal Aid Committee. This committee was run by the legal profession.
In 1969, the state government passed new legislation. This Act made the Legal Aid Committee responsible for civil and minor criminal cases, and made the Public Solicitor responsible for serious criminal cases. In 1974 the Commonwealth government set up the Australian Legal Aid Office. This office provided legal aid for Federal law cases such as family law and bankruptcy. The Australian Legal Aid Office also helped people who the commonwealth had a special responsibility for, such as people receiving social security
and members of the armed forces.
The Legal Aid Commission of Victoria (LACV) was set up in 1978 as an independent statutory body. The LACV took over the functions of the Australian Legal Aid Office, the Legal Aid Committee and the Public Solicitor's Office. The LACV had a wider role than the Legal Aid Committee and the Public Solicitor's Office. Its role included providing community legal education and law reform. The LACV had an 11 member board including representatives from community legal centres, welfare groups and the legal profession.
Victoria Legal Aid replaced the LACV in December 1995.
Board members are John Howie, chairperson; Bevan Warner, managing director; Mary Anne Noone; Sue Walpole; and Jennifer Shaw.
Areas of activity or sub-programs that fall within VLA’s Access and Equity Program include justice and law reform, community legal education, community legal centres
, and referrals, access and equity.
Areas of activity or sub-programs that fall within VLA’s Civil Justice Program include mental health and disability advocacy, social inclusion and equality, migration and Commonwealth entitlements.
Areas of activity or sub-programs that fall within VLA’s Criminal Law Program include summary crime
, indictable crime
, appellate crime and youth crime.
Areas of activity or sub-programs that fall within VLA’s Family Law Program include independent children's lawyers, advice and litigation, child support, child protection,family violence, and appropriate dispute resolution.
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. It provides information, referral, advice and legal representation services in family, civil and criminal law within Victoria.
As a statutory authority
Statutory authority
A statutory authority is a body set up by law which is authorised to enforce legislation on behalf of the relevant country or state. They are typically found in countries which are governed by a British style of parliamentary democracy. They are common in the UK, Australia, New Zealand etc but...
, VLA operates under the Legal Aid Act 1978 and is funded by the Australian government for matters that fall under Commonwealth law, and the Victorian state government. The majority of Commonwealth law matters fall within the family law jurisdiction.
Another source of funding is from the public purpose fund, made up of interest paid on money that is collected by the Legal Services Board from solicitors’ trust accounts.
VLA also administers Commonwealth and state government funding of community legal centres
Community Legal Centre
Community Legal Centres are independent organisations aiming to advance legal–and, by extension, social and political–equality by making the law accessible to the poor and otherwise marginalised in Australia. They provide legal advice to individuals and take on traditional casework...
within Victoria. There are 27 generalist community legal centres in Victoria, and all but one of these is funded through VLA's community legal centre funding program. There are also 25 community legal centres specialising in particular areas of law or that help particular groups of people. Of these, 14 are funded through VLA's community legal centre funding program.
History
The idea of legal aidLegal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
is more than 100 years old in Victoria.
Before 1928 only prisoners or very poor people could apply to the Supreme Court
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
for legal aid. In 1928 the government set up the Public Solicitor's Office to make legal aid more easily available. People were eligible if they did not own property worth more than 50 pounds. As more people learnt about legal aid, demand increased. This created a backlog of cases in the Public Solicitor's Office. To provide more legal aid, the Victorian state government passed the Legal Aid Act 1961 which set up the Legal Aid Committee. This committee was run by the legal profession.
In 1969, the state government passed new legislation. This Act made the Legal Aid Committee responsible for civil and minor criminal cases, and made the Public Solicitor responsible for serious criminal cases. In 1974 the Commonwealth government set up the Australian Legal Aid Office. This office provided legal aid for Federal law cases such as family law and bankruptcy. The Australian Legal Aid Office also helped people who the commonwealth had a special responsibility for, such as people receiving social security
Social Security (Australia)
Social Security, in Australia, refers to a system of social welfare payments provided by Commonwealth Government of Australia. These payments are administered by a Government body named Centrelink...
and members of the armed forces.
The Legal Aid Commission of Victoria (LACV) was set up in 1978 as an independent statutory body. The LACV took over the functions of the Australian Legal Aid Office, the Legal Aid Committee and the Public Solicitor's Office. The LACV had a wider role than the Legal Aid Committee and the Public Solicitor's Office. Its role included providing community legal education and law reform. The LACV had an 11 member board including representatives from community legal centres, welfare groups and the legal profession.
Victoria Legal Aid replaced the LACV in December 1995.
Structure
VLA has a board of directors, a managing director and seven divisions, including three large in-house legal practice divisions. The board's five directors are nominated by the Victorian attorney-general and appointed by the governor-in-council.Board members are John Howie, chairperson; Bevan Warner, managing director; Mary Anne Noone; Sue Walpole; and Jennifer Shaw.
Access and Equity Program
Objectives:- to assist people to deal with legal issues by ensuring that VLA services are accessible, efficient and appropriate to need
- to work to promote a more efficient justice system through proactive and collaborative law reform and systemic advocacy.
Areas of activity or sub-programs that fall within VLA’s Access and Equity Program include justice and law reform, community legal education, community legal centres
Community Legal Centre
Community Legal Centres are independent organisations aiming to advance legal–and, by extension, social and political–equality by making the law accessible to the poor and otherwise marginalised in Australia. They provide legal advice to individuals and take on traditional casework...
, and referrals, access and equity.
Civil Justice Program
Objectives:- to contribute to a fairer, more incluseve and rights-respecting community by providing quality civil and administrative legal advice and representation to people with limited resources
- to contribute to a more efficient and equitable justice system by seeking to change the law and legal processes where they impact disproportionately on disadvantaged people.
Areas of activity or sub-programs that fall within VLA’s Civil Justice Program include mental health and disability advocacy, social inclusion and equality, migration and Commonwealth entitlements.
Criminal Law Program
Objectives:- to provide access to quality advice and representation for people charged with offences who cannot otherwise afford it, with a focus on those who are disadvantaged or at risk of social exclusion
- to influence the criminal justice system to provide timely justice, the fair hearing of charges and appropriate outcomes
- to ensure that people charged with offences are treated with dignity, well informed and guided appropriately through the criminal justice system
- to improve community understanding of criminal justice and behavioural issues.
Areas of activity or sub-programs that fall within VLA’s Criminal Law Program include summary crime
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
, indictable crime
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
, appellate crime and youth crime.
Family Law Program
Objectives:- to assist adults and children to resolve their family disputes to achieve safe, workable and enduring care arrangements for children
- to assist parents in building their capacity to resolve future disputes without legal assistance by applying finite legal aid resources in areas of most need and to those who are most disadvantaged or at risk of social exclusion.
Areas of activity or sub-programs that fall within VLA’s Family Law Program include independent children's lawyers, advice and litigation, child support, child protection,family violence, and appropriate dispute resolution.
External links
- Victoria Legal Aid
- National Legal Aid
- Legal Aid ACT
- Legal Aid New South Wales
- Legal Aid Queensland
- Legal Aid Western Australia
- Northern Territory Legal Aid Commission
- Legal Aid Commission of Tasmania
- Legal Aid Commission of South Australia
- Legal Aid Act 1978 (Vic)
- Legal Services Board of Victoria
- Victorian Legal Assistance Forum