Unit 3 AOS 1 KK#5 - The role of VLA and CLCs

What is the best definition of ‘legal aid’?

• Being legally represented in court for free.

• Legal advice, education or information about the law and the provision of legal services (including legal assistance and representation).

• The availability of duty lawyers in court on a day to assist people accused of committing a crime.

• The provision of free legal advice only.

Meg has been charged with minor drug offences. She is attending the Magistrates’ Court today for her hearing and is unrepresented.

Which of the following types of legal aid will assist Meg the most?

• Accessing Victoria Legal Aid’s website to gain information about criminal cases.

• Attending a community legal centre to get advice.

• Getting access to a duty lawyer on the day.

• Calling Victoria Legal Aid to apply for a grant of legal assistance.

True or false: Victoria Legal Aid (VLA) cannot be compelled by a court to provide legal representation for an accused person, because it has strict guidelines as to who is eligible for legal aid.

• True – VLA has strict tests to be able to make a grant of legal assistance and this cannot be bypassed by statute or by the court.

• False – the Criminal Procedure Act provides powers to the court to be able to order VLA provide legal representation to an accused in some circumstances.

Victoria Legal Aid prioritises many groups of people when determining who is to be provided with legal aid.

Which of the following people is unlikely to be prioritised in terms of receiving legal advice?

• Marwan, who is currently in custody and been charged with committing a further offence.

• Lara, an accused person with an acquired brain injury and a disability.

• April, who is traumatised and going through a divorce.

• Barry, an Aboriginal person from Yass.

Which of the following statements in relation to Victoria Legal Aid is true?

• Victoria Legal Aid does not provide legal assistance to notorious criminals.

• Duty lawyers are available in the Magistrates’ Court, County Court and the Children’s Court.

• Victoria Legal Aid can make recommendations about law reform.

• A person must first satisfy an income test to be eligible for a grant of legal assistance.

Which of the following is a generalist community legal centre?

• Fitzroy Legal Service

• Asylum Seeker Resource Centre

• Disability Discrimination Legal Service

• Emma House Domestic Violence Services

Which of the following is a legal service that community legal services provide?

• Advice or representation for urgent matters.

• All options are correct.

• Providing basic legal information online.

• Assistance with writing letters and completing forms.

Which of the following persons is not likely to be prioritised by a community legal centre?

• Adnan, a 13-year-old charged with committing summary offences.

• ‘Diamond’ Monty, a homeless person living in Melbourne.

• Xavier, who has sacked his lawyer because he was incompetent.

• Olivia, who has fled a domestic violent situation and needs help getting an intervention order.

‘A community legal centre that focuses on a particular group of people or area of law.’

Which legal term matches the above description?

• Generalist community legal centre

• Community legal centre

• Specialist community legal centre

• Victoria Legal Aid

Which principle of justice does the existence of community legal centres achieve the most?

• All options are correct – all principles of justice are achieved for the reasons given.

• Fairness, because a CLC can assist a person when reviewing or filing documents, working out how to present their case to the judge or magistrate, and can also represent a person in a criminal case.

• Equality, because it helps people who are vulnerable (such as those who do not speak English) to understand the charges laid against them and the nature of the proceeding.

• Access, because it provides an accused person with information about the legal processes and their rights.