Victoria Legal Aid: Grants, Duty Lawyers and the Means Test

Victoria Legal Aid (VLA) is Victoria's legal aid commission, and for most people the first step is a free call to the Legal Help line, 1300 792 387, weekdays from 8am to 6pm, before applying for a grant of legal assistance.

Free Help Before You Need a Grant

The Legal Help line, 1300 792 387, is open weekdays from 8am to 6pm and does not require a means test. VLA also runs Legal Help Chat online and a free public law library for anyone researching a legal problem themselves.

Duty lawyers are available at nominated courts and tribunals across Victoria, staffed by VLA's own lawyers and by accredited private practitioners funded under the Private Practitioner Short Service Scheme. They cover child protection, youth crime, adult summary crime, intervention orders, family matters, and some civil matters such as Mental Health Tribunal hearings, and can provide anything from information through to in court representation depending on the circumstances. One exception is worth knowing: for duty lawyer help with adult criminal offences specifically, an income test applies to anyone not already in custody, so this one service is not available at every income level.

VLA also runs its own Family Dispute Resolution Service, an in house mediation service for family law matters. At least one party to the dispute needs a grant of legal assistance for FDRS; the other party can then take part too, with a lawyer or alone. VLA's policy is that a lawyer should seek an FDRS grant before a litigation grant where the matter is suitable. The service is built to handle geographic barriers, for people who are rural, remote, interstate or in prison, through telephone or regional conferencing, and family violence safety concerns, through shuttle or telephone conferencing with a case manager risk assessment. See family law in Australia for how this fits into the wider parenting and property process.

People in some prisons can call VLA free by dialling *#18, weekdays 9am to 3pm, with calls limited to 12 minutes; in other prisons, a person can ask staff for a Victoria Legal Aid advice referral form and VLA will call back. A person in custody can also write a Legal and Confidential letter, which the prison must supply the envelope, paper and pen for without needing a stamp.

First Nations Victorians have a dedicated helpline, 1300 MOB VLA (1300 662 852), open weekdays 9am to 4pm, co designed with the Victorian Aboriginal Legal Service and Djirra. It covers fines and debt, Centrelink, care and parenting arrangements, discrimination, family violence, and police or court matters, and VLA also points callers to VALS and Djirra.

At the Magistrates' Court and the Children's Court, VLA duty lawyers can help with family violence intervention orders. At the Federal Circuit and Family Court, and now also the Melbourne and Dandenong Family Law Registries, VLA's Family Advocacy and Support Services combine specialist legal advice with risk screening, safety planning, social support and referrals for people who have experienced, used or are alleged to have used family violence. See intervention orders in Victoria for how an FVIO or PSIO application itself works. The service once known as the Family Violence Prevention and Legal Service Victoria (FVPLS Victoria) now operates as Djirra, so a document that still uses the older name is referring to the same organisation.

Who VLA Will Not Help With

VLA is explicit that it is not a general civil law advice line. It does not give advice on building contracts and disputes, business and commercial matters including commercial tenancy, consumer law, employment law except discrimination against workers, fencing and tree disputes, tenancy issues for landlords (VLA does help tenants, for example with residential tenancy matters at VCAT), most migration visas such as business, skilled, student or tourist visas, wills and estates, personal injury claims including medical negligence, motor vehicle and workplace injury, property disputes and conveyancing, superannuation, and taxation disputes. For many of these it names a referral point instead, among them the Consumer Action Law Centre for consumer law, the Fair Work Infoline or JobWatch Community Legal Centre for employment law, and the Law Institute of Victoria's Legal Referral Service as a general fallback.

The Means Test

A grant of legal assistance in Victoria requires clearing three separate tests: the means test, the guideline that applies to that type of matter, and a merit or reasonableness test. The means test itself, current as of 25 August 2025, sets both an income and an asset limit, and where a person sits determines whether they pay nothing, pay a contribution, or do not qualify at all.

Certain weekly expenses can be deducted from income before it is assessed: income tax, housing costs up to $400 for metropolitan applicants, $300 for outer metropolitan applicants and $240 for regional applicants, childcare up to $310 per household, the Medicare levy, business expenses, and spousal maintenance or child support up to $130 per child. A partner or first dependant adds a $130 allowance, and each further dependant adds $125.

Some assets are excluded from the assets test entirely: cash savings up to $1,095 for a single applicant or $2,190 with a partner or dependants, household furniture, clothing and personal belongings where reasonably necessary, tools of trade unless exceptionally valuable, vehicle equity up to $20,000, and principal residence equity up to $500,000. Farm or business equity is excluded up to $161,500 for a single applicant with other non farm property, $229,000 for a partnered applicant with other non farm property, $278,500 for a single applicant with no other non farm property, or $336,500 for a partnered applicant with no other non farm property.

A few categories skip the means test entirely: applicants aged 18 or under seeking a Children's Court grant or a Commonwealth family law grant, crimes mental impairment review matters, war veterans' matters, and NDIS administrative appeals matters. Separately, family law property matters going through the Lawyer Assisted Family Law Property Mediation trial are exempt from the assets test only, so the income test still applies to them.

Merit and Guideline Tests

Commonwealth matters, mostly family law, are assessed against the Commonwealth merits test, a three limb test looking at the applicant's reasonable prospects of success, whether a prudent self-funding litigant would risk their own money on the case, and whether funding the matter is an appropriate use of limited public legal aid money. It is not simply a question of who is likely to win.

State matters are assessed against either a reasonableness test or an interests of justice test depending on the matter type. Under VLA's standard process an internal assessment unit decides whether the test is met. Under the simplified grants assessment process, used for most criminal, family violence, child protection and Commonwealth family law applications made through a VLA lawyer or a panel lawyer, VLA accepts the lawyer's recommendation that the test is met unless there are compelling reasons not to.

Priority Clients

VLA runs a Client Priority and Capability Policy, developed from a 2018 review and, as of VLA's own published material, currently under further review. It scores three things: priority characteristics grouped into tiers, the person's capability to understand and address the legal problem, including their ability to pay for alternative legal help, and the context of the legal problem itself.

Nationally, Schedule A of the National Access to Justice Partnership 2025 to 2030 names 14 priority client groups: Aboriginal and Torres Strait Islander people; children and young people up to 24; LGBTIQA+ people; older people, meaning over 65, or Aboriginal and Torres Strait Islander people over 50; people affected by natural disasters; people experiencing or at risk of family, domestic and sexual violence; people experiencing or at risk of homelessness; people in custody and prisoners; people in outer regional and remote areas; people with a disability or mental illness; people with low education levels; culturally and linguistically diverse people; single parents; and vulnerable migrants, including asylum seekers and refugees. The agreement says legal assistance services are not excluded from helping people outside these groups.

Contributions

Where a contribution applies, it falls into one of three categories by estimated cost of the matter: Category 1, low cost matters such as summary crime, family violence intervention orders and infringements, estimated under $1,555; Category 2, medium cost matters such as child protection, County Court criminal appeals and initial family law stages, estimated between $1,555 and $6,559; and Category 3, high cost matters such as family law trials, criminal indictable trials and Court of Appeal criminal appeals, estimated over $6,559.

At $365 a week assessable income, income contributions start at $280 for Category 1, $580 for Category 2 and $1,175 for Category 3, then scale upward, with Category 1 becoming ineligible above $469 a week and Category 2 above $539 a week. Above $540 a week, Category 3 contributions follow a formula of $13,900 plus $1,065 for every $10 of net disposable weekly income over $540. Asset contributions scale from $20 at $100 of net assets to $1,300 at $3,000, and above $3,000 the contribution is $1,300 plus the full value of assets above $3,000. VLA can also seek a contribution from an applicant's partner unless an exemption applies, for example where the partner has an opposing interest, the couple has separated, or there is family violence. Aboriginal or Torres Strait Islander clients are exempt from a contribution out of a financial settlement in a discrimination matter, and do not have to provide supporting financial documents.

If an assisted person owns real estate, VLA will generally require a caveat over it to secure the contribution, and it may ask for an equitable charge, generally only where the amount owed will be more than a low cost matter. If a person keeps refusing to sign a charge for money already owed, VLA can impose a statutory charge under sections 27 and 47A of the Legal Aid Act 1978. Contributions secured over real property are indexed to the consumer price index for grants approved on or after 1 October 2018. VLA generally will not place a caveat over the family home of an applicant fleeing or experiencing family violence.

How to Apply and How Long It Takes

A lawyer lodges the application through ATLAS, VLA's online system for legal practitioners. A person applying without a lawyer can use VLA's paper application form, available from the Handbook's forms page, any VLA office or a community legal centre. VLA has not published a specific processing time target on the pages reviewed for this article, so ask the lawyer handling the application for a current estimate.

If Your Grant Is Refused

Section 36(5) of the Legal Aid Act 1978 lists the decisions that can be challenged: refusing a grant, including refusing the type or extent of assistance applied for, imposing or changing a condition, ending or changing a grant, and decisions about paying costs under section 48 of the Act. The process runs in two stages, an internal reconsideration first and then, if the applicant is still unhappy, an independent review. VLA says it tells applicants about these rights at four points: when they apply, when they get the result, at any later decision about further assistance, and at refusal or termination.

One category can never be reconsidered or independently reviewed: decisions about fee levels, meaning VLA's lump sum fee scales and any Commonwealth or board set maximum fee ceiling. A lawyer unhappy with the fee for a brief has to decline it rather than appeal the amount.

The deadlines are short. You or your lawyer must ask for reconsideration within 14 days of the date of VLA's decision letter, and must ask in writing for independent review within 21 days of the letter giving the reconsidered decision. VLA can usually extend these limits, but not for a criminal trial or a County Court or Supreme Court criminal appeal. The independent reviewer is appointed by the Attorney-General, is not a VLA employee, and makes the final decision within VLA. VLA's Grants and Quality Assurance team, on (03) 9269 0600, answers questions about reconsideration and review.

Where Else to Go

The Victorian Aboriginal Legal Service can be reached on 1800 064 865, and Djirra, formerly the Family Violence Prevention and Legal Service Victoria, on 1800 105 303. For matters VLA declines, the Law Institute of Victoria's Legal Referral Service offers a free 30 minute interview with a private lawyer, which is a starting conversation rather than free ongoing advice. Community legal centres such as Justice Connect, the Consumer Action Law Centre, JobWatch and tenancy focused services are the standard referral point for the civil matters VLA's own eligibility page lists as outside its scope. See the Australia legal aid hub for how every state and territory commission compares.

National Legal Aid Funding

The National Access to Justice Partnership 2025 to 2030 commenced 1 July 2025, replacing the National Legal Assistance Partnership, and commits 3.9 billion dollars nationally over five years across five funded streams: legal aid commissions, Aboriginal and Torres Strait Islander legal services, community legal centres, family violence prevention legal services, and women's legal services, the last of these funded as its own separate stream rather than folded into the other categories. The agreement's Table 3 estimates about $678 million for Victoria over the five years, about $389 million of it for the legal aid commission stream.

Frequently Asked Questions

What is the phone number for Victoria Legal Aid?

The Legal Help line is 1300 792 387, open weekdays from 8am to 6pm. First Nations Victorians can also call 1300 MOB VLA (1300 662 852), weekdays 9am to 4pm.

Does Victoria Legal Aid give free advice to everyone?

VLA's legal information is free to everyone. Free advice and duty lawyer help at court depend on a person's circumstances, and duty lawyer help for adult criminal charges is income tested for anyone not in custody. VLA does not give advice on a long list of civil matters such as consumer law, employment law outside discrimination, landlord tenancy issues, wills and estates, personal injury, property disputes and tax, and refers those out to other services. A grant of legal assistance for representation is separately means tested.

What is the means test for a grant of legal assistance in Victoria?

Under the test current from 25 August 2025, weekly income under $360 with assets under $1,095 needs no contribution. Eligibility closes once income passes $470 a week for a low cost matter, $540 a week for a medium cost matter, or the estimated cost of a high cost matter.

Will I have to pay a contribution for legal aid in Victoria?

If your income or assets sit above the means test's free threshold but still within its upper limits, VLA will usually require a contribution, calculated by cost category and scaling with income and assets. VLA can also seek a contribution from a partner unless an exemption applies.

How do I apply for a grant of legal assistance in Victoria?

A lawyer, either an in house VLA lawyer or a private practitioner willing to act, lodges the application through ATLAS, VLA's online system. A person applying without a lawyer can use VLA's paper application form, available at VLA offices and community legal centres.

What can I do if Victoria Legal Aid refuses my grant?

Under section 36(5) of the Legal Aid Act 1978, you can ask for an internal reconsideration within 14 days of the date of VLA's decision letter. If still unhappy, you can ask in writing for an independent review within 21 days of the letter giving the reconsidered decision. VLA can usually extend these limits, but not for a criminal trial or a County Court or Supreme Court criminal appeal. The independent reviewer's decision is final within VLA, though a court review may be possible in limited circumstances and within strict time limits, and fee level decisions cannot be reconsidered or reviewed.

Is there a helpline for First Nations people in Victoria?

Yes. 1300 MOB VLA (1300 662 852), weekdays 9am to 4pm, was co designed with the Victorian Aboriginal Legal Service and Djirra and covers fines, Centrelink, care arrangements, discrimination, family violence and police or court matters.

Where can I get help if Victoria Legal Aid cannot assist me?

The Victorian Aboriginal Legal Service (1800 064 865), Djirra (1800 105 303), the Law Institute of Victoria's Legal Referral Service, and community legal centres such as the Consumer Action Law Centre and JobWatch cover many of the matters VLA itself declines.