LEGAL AID
How does Legal Aid work? The Northern Territory Legal Aid Commission (the Commission) provides access to the law and legal assistance to people who are unable to afford the services of a private lawyer. The Commission usually only assists in matters that are before the courts in the Northern Territory. Initial Assistance Initial assistance is provided by in-house lawyers employed by the Commission or private lawyers who will accept legal aid cases and are paid by the Commission. Any person is entitled to an initial advice session on any matter. This service is free. If you are granted ongoing legal assistance you may be required to pay a small initial contribution. If the lawyer who assists you is employed by the Commission you have to pay your initial contribution to the Commission. If you are referred to a private lawyer you make your initial contribution directly to that lawyer who then sends their bill to the Commission. If you want a private solicitor to act for you, you should give your completed application form to your solicitor, who will in turn forward it onto the Commission with a covering letter. Free Advice Session You should first attend a free advice session at a Legal Aid office or contact your private lawyer so you can discuss your legal problem. You then need to complete an application form. These are available from the Commission or your private lawyer. Either post or deliver the form in person to the Commission for assessment. Legal Aid Grant Assessment for an ongoing grant of legal aid is made by applying three tests. These are applied to everyone who asks for a grant of aid. If you do not meet these tests then you will not be eligible for ongoing aid. • • The means test: this determines whether you can afford a private lawyer. If you can then you will not be eligible for ongoing aid. Type of matter test: this determines whether your problem is in one of the identified Legal Aid ‘priority’ categories, or whether you can obtain appropriate assistance elsewhere.
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Merit test: this determines whether you are likely to succeed in your case and whether providing aid to you will achieve what you want.
You will be advised of the outcome by mail, (in non-urgent cases) usually within seven to ten working days. All applicants are given a guide that provides more information about the conditions that apply to ongoing aid. Legal Aid Contribution Everyone who is granted ongoing legal aid is required to pay an initial contribution. The minimum contribution is $55. The contribution is worked out on a sliding scale based on your financial position and the likely cost of the case. This can be paid off in instalments if necessary. At the end of your case your contribution may be reassessed. If you have received a cash lump sum or a significant amount of property then your contribution may be increased. The money you contribute makes legal aid available to other people. Any financial assistance received from the Contingency Fund has to be repaid with interest at the end of your case. Assessment of Applications If your application for aid is refused you can have the decision reconsidered. To do this you must make a written request to the Director of the Commission within three months of receiving notice of this decision. It is then reconsidered by another lawyer at the Commission. If you do not agree with the second decision you can have it reconsidered by the Legal Aid Review Committee. The Committee has three members, two of whom are not Commission staff. You (or your private solicitor) can talk to the Review Committee and if they agree the decision can be changed. Review Committee To apply to the Review Committee you must make a written request to the Director of the Commission within three months of receiving notice of the result of the first reconsideration.
Some useful contact numbers Courts Administration Magistrates Alice Springs Darwin Civil Criminal Katherine Nhulunbuy Tennant Creek Supreme Alice Springs Darwin 8951 5715 8999 7953 8951 5710 8999 6225 8999 6380 8973 8956 8987 1378 8962 4377
Legal Aid Commission Alice Springs Darwin Katherine 8951 5377 8999 3000 8973 8704