Victoria Legal Aid

Last updated

Victoria Legal Aid logo.svg
Agency overview
FormedDecember 1995
Preceding agency
  • Legal Aid Commission of Victoria
Jurisdiction Government of Victoria
Agency executive
  • Louise Glanville, Chief Executive Officer [1]
Website www.legalaid.vic.gov.au

Victoria Legal Aid (VLA), formerly the Legal Aid Commission of Victoria, is an organisation that provides information, legal advice and education with a focus on the prevention and early resolution of legal problems. [2]

Contents

They prioritise intensive legal services, such as legal advice and representation, to those who need it the most. They also recognise the connections between legal and social issues and advocate for change. [2]

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. [2] 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. Community legal centres (CLCs) are independent community organisations that provide free advice, casework and legal education to their communities. VLA administers funding for the majority of CLCs in Victoria and the Federation of Community Legal Centres through the CLC Funding Program, ensuring that centres meet their service agreements. It also focuses on supporting the professional development of the sector through joint training initiatives.

As of 2020, Louise Glanville is CEO.

History

The idea of legal aid is more than 100 years old in Victoria. [3]

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. [4]

Structure

VLA has a board of directors, a chief executive officer, three large in-house legal practice directorates, an in-house advocacy team, and legal and corporate support functions. [2]

The Board is responsible for ensuring Victoria Legal Aid meets its statutory objectives and carries out its functions and duties in accordance with the Legal Aid Act 1978. It has a Chairperson and six directors nominated by the Victorian Attorney-General and appointed by the Governor-in-Council. At least one member must have experience in financial management; at least one must have experience in public management; at least one must have experience with criminal proceedings (either as a legal practitioner or a judicial officer)  and at least one must have experience in other areas of legal practice engaged in by Victoria Legal Aid or its officers. When the position of Managing Director at VLA was changed to Chief Executive Officer in November 2018, there was a vacancy on the Board. This position has since been filled by Andrew Saunders. The Chief Executive Officer cannot be appointed to the Board. [2]

Current programs and objectives

Civil Justice Program

Victoria Legal Aid's work in civil law aims to contribute to a more inclusive and rights-respecting community. They help people with social security, mental health, guardianship and administration, infringements, immigration, tenancy, debt, discrimination, sexual harassment and victims of crime issues. [2]

Criminal Law Program

Victoria Legal Aid assist people charged with criminal offences and endeavour to positively influence the criminal justice system to:

– provide timely justice, the fair hearing of charges and appropriate outcomes

– ensure people charged with offences are treated fairly and are well-informed about their options

– improve understanding of criminal justice and how to best address the causes of criminal offending and keep the community safe. [2]

Family, Youth and Children's Law Program

Victoria Legal Aid assist people to resolve their family disputes to achieve safe, workable and child-focused parenting and care arrangements. They also assist parents to build their capacity to resolve future disputes without legal assistance. They contribute to the safety of adults and children affected by family violence and assist in reducing the incidence of family violence by providing legal information, advice and representation. [2]

VLA Chambers

Victoria Legal Aid maintains an in-house advocacy practice to ensure it has thorough and practical knowledge of the needs and challenges of jurisdictions in which legal aid services are provided. The primary function of Victoria Legal Aid Chambers (Chambers) is to provide high quality advocacy for legally aided clients in civil, criminal and family, youth and children’s law matters and to conduct strategic litigation to remedy a legal problem or change a policy or process to benefit an individual client and the broader community. [2]

See also

Related Research Articles

Justice of the peace Judicial officer elected or appointed to keep the peace and perform minor civic jobs

A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.

Legal aid is the provision of assistance to people who are 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. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States.

A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries, including the UK, Hungary and Singapore, and some states of Australia, provide people with public defenders. Brazil is the only country in which an office of government-paid lawyers with the specific purpose of providing legal assistance and representation to the destitute free of charge, is established in the constitution. The Sixth Amendment of the US Constitution requires the US government to provide free legal counsel to indigent defendants in criminal cases, and public defenders in the United States are full-time lawyers employed by the state or federal governments.

Parliament of Victoria

The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the Queen, represented by the Governor of Victoria, the Legislative Assembly and the Legislative Council. It has a fused executive drawn from members of both chambers. The parliament meets at Parliament House in the state capital Melbourne. The current Parliament was elected on 24 November 2018, sworn in on 19 December 2018 and is the 59th parliament in Victoria.

The Legal Services Commission (LSC) was an executive non-departmental public body of the Ministry of Justice which was responsible for the operational administration of legal aid in England and Wales between 2000 and 2013.

The Australian Intelligence Community (AIC) and the National Intelligence Community (NIC) or National Security Community of the Australian Government are the collectives of statutory intelligence agencies, policy departments, and other government agencies concerned with protecting and advancing the national security and national interests of the Commonwealth of Australia. The intelligence and security agencies of the Australian Government have evolved since the Second World War and the Cold War and saw transformation and expansion during the Global War on Terrorism with military deployments in Afghanistan, Iraq and against ISIS in Syria. Key international and national security issues for the Australian Intelligence Community include terrorism and violent extremism, cybersecurity, transnational crime, the rise of China, and Pacific regional security.

A duty solicitor, duty counsel, or duty lawyer, is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge, if that person does not have access to a solicitor of their own and usually if it is judged by a means test that they cannot afford one. The system is operative in several Commonwealth countries, including the United Kingdom, Australia, New Zealand and Canada.

Legal Aid BC is the legal aid provider in British Columbia, Canada.

Henry Winneke

Sir Henry Arthur Winneke, was a Chief Justice of Victoria and the 21st Governor of Victoria, from 1974 to 1982.

Julian Gardner is an Australian lawyer renowned for his promotion of human rights through the practice of law. In 2015 he was made a Member of the Order of Australia for "significant service to the community through leadership roles with social welfare, mental health, legal aid and other legal organisations".

Manitoba Justice, or the Department of Justice, is the provincial government department responsible for administering the Crown Law justice systems in the province of Manitoba.

A community legal centre (CLC) is the Australian term for an independent not-for-profit organisation providing legal aid services, that is, provision of assistance to people who are unable to afford legal representation and access to the court system. They provide legal advice and traditional casework for free, primarily funded by federal, state and local government. Working with clients who are mostly the most disadvantaged and vulnerable people in Australian society, they also work with other agencies to address related problems, including financial, social and health issues. Their functions may include campaigning for law reform and developing community education programs.

Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems. Australia has an ombudsman assigned for each state; as well as an ombudsman for the Commonwealth of Australia. As laws differ between states just one process, or policy, cannot be used across the Commonwealth. All government bodies are within the jurisdiction of the ombudsman.

The Department of Justice and Community Safety (DJCS) is one of nine government departments in the state of Victoria, Australia.

Kingsford Legal Centre is an Australian not-for-profit legal centre. It is part of the network of Australian Community Legal Centres and also provides clinical legal education as part of the University of New South Wales Faculty of Law. It provides free advice to the residents of the Botany and Randwick local government areas, in subjects such as employment law, debts, victims compensation and domestic violence, as well as providing a statewide service for discrimination matters.

The New South Wales Crown Solicitor's Office (CSO) is an executive government agency of the New South Wales Department of Justice in Australia that has the role of providing legal services to the government, its agencies, and its statutory authorities. The Office practices in twelve areas of law, namely administrative law, child protection law, commercial law, community law, constitutional law, coronial law and inquiries, criminal law, employment law, government law, native title law, property law, and tort law. The Office frequently instructs barristers with regard to civil matters.

The Aboriginal Legal Service (NSW/ACT) (ALS), known also as Aboriginal Legal Service, is a community-run organisation in New South Wales and the Australian Capital Territory, founded in 1970 to provide legal services to Aboriginal Australians and Torres Strait Islanders and based in the inner-Sydney suburb of Redfern. It now has branches across NSW and ACT, with its head office in Castlereagh Street, Sydney and a branch office in Regent Street, Redfern.

Moira Emilie Rayner, is a New Zealand-born, Australian-based barrister and human rights advocate. She was the first Commissioner for Equal Opportunity appointed by the Victorian Government under the Equal Opportunity Act 1984, an office which she held until 1994. In this position she was responsible for monitoring the Equal Opportunity Act; the Racial Discrimination Act 1975, the Human Rights and Equal Opportunity Commission Act 1986, and the Commonwealth legislated Sex Discrimination Act 1984. Simultaneously, in 1986, she was appointed a Commissioner of the Law Reform Commission of Western Australia, a position she held until 1990. In 2000 Rayner became the first Director of the office of Children's Rights Commissioner for the city of London, UK.

References

  1. "Senior executives". Victoria Legal Aid. 10 February 2020. Retrieved 1 September 2020.
  2. 1 2 3 4 5 6 7 8 9 Owen, Rhys (14 September 2018). "Annual Report 2018–19". www.legalaid.vic.gov.au. Retrieved 22 October 2019.
  3. The background and chronology in this section is a summary of information found in: Legal Aid Commission of Victoria Legal aid in Victoria: A brief summary of the history and operations of the Legal Aid Commission of Victoria 4th ed. LACV 1994; Field, C & Giddings, J "A history of legal aid in Victoria" in Giddings J (ed) Legal Aid in Victoria: at the crossroads again Fitzroy Legal Service 1998: 20–34; and Senate Legal and Constitutional References Committee, Inquiry into the Australian Legal Aid System: Second report (June 1997) 1997: 18.
  4. Victoria Legal Aid Twelfth statutory annual report 2006-7, VLA 2007: 12.