Legal Aid Office (ACT)

Legal Aid Services

Free minor advice and assistance is made available for most types of legal problems through face to face advice appointments and by telephone.


Legal Advice and Information Line

The Legal Advice and Information Line is available from Mondays to Fridays between 9 a.m. and 4 p.m. on:

1300 654 314

The Legal Aid Office (ACT) believes that too many people wait too long before they make contact with a lawyer. This leads to problems becoming bigger than they need to be.

We encourage people to resolve their legal issues as quickly and efficiently as possible. The legal advice line is an immediate option for people who want to find out more about their legal choices. We aim to provide advice to over 10,000 people each year, through this service.

The Advice line is operated by two lawyers who provide referrals and advice in many areas of law. The solicitors answer general queries on legal issues such as family law matters, neighbourhood disputes, personal injuries compensation, debt and employment issues.

Sometimes it is not possible to solve problems over the telephone. If a matter is complex or requires the sighting of documents the caller will be advised to seek further legal assistance. Referrals to other organisations are often provided.

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After Hours Legal Advice Line

The After Hours Legal Advice service, is open from 6 p.m. to 9 a.m. Mondays to Thursdays, and 6 p.m. Friday to 9 a.m. Monday on:

0429 440 084

The service offers advice for people in police custody and for other urgent matters.

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Face to Face Appointments

People with a legal problem can request a free 30-minute appointment which is not means tested. To enquire about appointments please call our reception desk on:

(02) 6243 3471

The receptionist will ask for your details and work out which solicitor you can go to for your appointment. When making an appointment please be clear about what your legal problem is and provide the name(s) of the other person(s) you are in dispute with and anyone else involved.

When attending an appointment you can help the solicitor to understand your legal problem by being clear and concise and not leaving out important details. Please bring along any documents related to your problem.

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Duty Lawyer Services

A duty lawyer is a lawyer who works at a Court to provide free advice and/or representation in urgent matters to people who have not been able to arrange legal representation. 

The following duty lawyer services are not means tested and are provided free of charge:

  1. A duty lawyer is available from 9am to midday on days when the ACT Magistrates  and Childrens Courts are sitting to give information & advice to people who have not organised legal representation for their first Court appearance on a criminal matter. The service operates on Saturdays and most Public Holidays. The duty lawyer may provide limited representation in Court. If you are going to Court on a criminal matter it is important that you contact the Legal Aid Office (ACT) or your solicitor as soon as possible. Please bring all relevant documents to any appointment with the solicitor. If you are charged with a criminal offence you are entitled to be given details of the allegations against you. The Office can provide you with a pamphlet which explains how to find out the details of what you are charged with.
  2. A duty lawyer is located on the Ground floor of the ACT Magistrates Court to give advice and assistance in relation to Interim Domestic Violence Orders and Personal Protection Orders. This service is available each weekday during normal business hours.
  3. Duty lawyer assistance is available for clients detained in hospital under the Mental Health (Treatment and Care) Act. Please contact the Office on (02) 6243 3471 for more information.
  4. A duty lawyer is available for part of each day at the Family Court and Federal Magistrates Court.

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Legal Representation

On-going legal assistance and representation is available to people who qualify for a grant of legal aid. Applications for legal assistance are subject to means, merit, matter and jurisdiction tests governed by the Legal Aid Act 1977 and by Guidelines made pursuant to the Act. See our Guidelines for more information.

A successful application will result in a grant of legal assistance which will be subject to terms and conditional on the client paying a financial contribution.

Click here to apply for a grant of aid online.

Other things you may need to know:

Contributions

Legal assistance is usually provided on the condition that the applicant pays a contribution towards the cost of legal services. The amount is set out in the letter granting aid. Contributions are usually paid in a lump sum at the first appointment.

Client's can arrange to pay their contribution in instalments. If you have trouble paying the contribution, you should talk to your lawyer or advise the Office in writing. If you are suffering severe financial hardship, the contribution may be waived.

Contributions may be increased if your grant of aid is extended while your matter is progressing.

Contributions can be reassessed and changed if:

Reassessed contributions can be as much as 100% of the full cost of providing legal services. The Office will make a decision about how much you should pay by looking at all your financial circumstances.

Legal Costs

The client is usually responsible for paying legal costs, such as court awards against them. The Legal Aid Office can only consider a request to pay costs to other parties in limited circumstances. It is the client's responsibility to pay any legal costs incurred before their grant of aid starts.

If your lawyers receive any money on your behalf during the period of your grant of legal aid, they must keep enough funds to cover the cost of providing you with legal aid. Once your contribution is reassessed the funds will be paid out.

Solicitor of Choice

In many cases, a person applying for a grant of legal aid will ask for a particular solicitor to act for them. It may be a solicitor in private practice or a solicitor employed by the Legal Aid Office. If you make a request for a particular lawyer, they may be appointed to your case. However, there are some cases, where it will not be possible to appoint the lawyer of your choice. For example:

  1. In some matters, where the Office employs specialist solicitors, the Office may find it more efficient to make use of their skills and opt to appoint the salaried solicitor to act. This is of benefit to the client and works to save legal aid funds, or
  2. Where a conflict of interest exists.

Client and Solicitor Relationships

There are several aspects to client and solicitor relationships. An important aspect is that all the information you give to a solicitor is private and will be kept confidential.

It is always in a client's best interest to be truthful with their solicitor so that their solicitor is able to provide the correct advice for a particular case.

Once there is an agreement between you and the solicitor to represent you in a case the solicitor should act on your instructions, unless it is illegal, unethical or unreasonable for them to do so. It is also a solicitor's duty to keep you informed of any developments in your case.

If an Application has been Refused

You can ask the Office to reconsider any decision on your application that it has made, including the following:

How to ask for a reconsideration

Make your request for a reconsideration in writing to the Chief Executive Officer, within 28 days of notification of a decision by the Office. You should address the actual reason for refusal and explain why you think the decision is wrong and should be reconsidered. For example, you may believe that the assessment of your assets is inaccurate.

A solicitor will look at the details of your case and make a decision based on the new information you have provided. You will be informed of a decision, in writing, as soon as possible.

If you disagree with a reconsidered decision you may request a review. Your request should be made in writing to the Committee Secretary within 28 days of receiving the letter telling you about the reconsidered decision.

A Review Committee undertakes a review. This is an external Committee and consists of a solicitor, a barrister and a community representative. They are appointed by the A.C.T. Attorney General. A decision of the Review Committee is final and conclusive.

Concerns and Complaints

If you have concerns or complaints about the Office you can write to the Chief Executive Officer. For concerns relating to a specific case area you can speak to the relevant section head.

Complaints about administrative work can be made to the Ombudsman. The Ombudsman will contact the Office and the complaint will be investigated.

Complaints about the professional work of solicitors can be made to the Law Society of the ACT.

The Office believes it is very important to investigate all complaints and concerns, so that our service to the community is professional and accessible.

People may also notify us if they believe someone who is getting a grant of legal aid is not eligible for aid. For example, if someone is withholding details of any bank accounts they hold.

Confidentiality

There is a special provision in the Legal Aid Act 1977 regarding the confidentiality of information held by the office. Information is shared between staff and lawyers on a need to know basis. For example, the Office may need to ask your lawyer for information relevant to your eligibility for legal aid.

Access to Information

The Office will make your files available for you to inspect on an informal request, or under the Freedom of Information Act. If you want to access to your file or copies of documents you can attend the Office in person together with personal identification, or you can write to the Office with your request.

What you can do to help us

The Office aims to provide a service that is responsive to your needs, and which is professional and efficient. However, to work efficiently we need our clients to provide accurate information. We ask that clients provide correct, up to date information and that they notify the Office if:

It is also helpful to the Office if you:

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. If you have any concerns, comments or problems using this web site please email legalaid@legalaid.canberra.net.au

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