Page 4791 - Week 15 - Thursday, 16 December 1993

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ATTORNEY GENERAL OF THE AUSTRALIAN CAPITAL TERRITORY

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO 1101

Legal Aid - Eligibility Criteria

Mr Cornwell- Asked the Attorney General upon notice on 8 December 1993:

In relation to Legal Aid in the ACT-

(1) What factors are taken into account when eligibility for legal aid is being

determined.

(2) If assets are a consideration, (a) which ones (eg house, car, money in bank etc) and

(b) what is the value limit.

(3) If income is a consideration, what limits are applied (eg is spouses income

considered).

(4) Are prospective users of Legal Aid whose assets rule them ineligible advised to sell

of assets (for example their car or their home) in order to be able to pay their legal

costs.

Mr Connolly - The answer to the members question is as follows:

(1) Compliance with the Legal Aid Act and Legal Aid Commission Guidelines are

required of an applicant for legal assistance.

In summary, the Legal Aid Act requires the Legal Aid Office to be satisfied that it is reasonable in all the circumstances to grant legal assistance. This in part requires that the applicant has satisfied the Office that he or she is unable to afford the cost of private representation. In making this assessment the Office is bound by the Legal Aid Commission Guidelines which cover issues such as the means of the applicant, and the merits of the case. The Guidelines are drafted with consideration to the funds available to the Commission for legal assistance. My Department has arranged for a copy of the Guidelines to be forwarded to Mr Cornwell.

(2) The Commissions Guidelines specifically, and the Legal Aid Act (Section 28(2))

generally, include the assets of an applicant in the relevant matters to be considered

when granting legal aid.

(a) The assets included are the total assets of the applicant including those of any

spouse, if owned in common, including a de facto spouse. Amounts are deducted

for such things as household furniture, clothing, motor vehicles needed for private

or domestic use, the equity in the principal home to a maximum amount equal to

the median cost of an established three bedroom house in the ACT, lump sum

compensation payments in hand and lump sum child or spouse maintenance in

hand.

(b) The assets allowance for a single applicant is $685 and for an applicant with

dependents is $1,365.

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