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How VLA allocates work to lawyers or law firms

The following factors are considered when allocating work to lawyers or law firms:

Allocation of work guidelines

VLA’s allocation of work guidelines take into account:

  • the paramount interests of the assisted person
  • the need for legal services to be readily available to, and easily accessible by, disadvantaged people
  • the requirements of any legal aid arrangements with the Commonwealth
  • the desirability that an assisted person choose their own lawyer
  • the need to properly use the services which VLA’s in-house lawyers can provide
  • the importance of maintaining the independence of the legal profession
  • the ability of VLA to establish specialised panels of lawyers for any class of matter
  • the equitable allocation of work of assisted matters among private lawyers
  • the need to use VLA’s Legal Aid Fund effectively and efficiently.

VLA’s panels of lawyers

VLA has established panels (or registers) of private law firms and private lawyers to whom VLA may allocate assisted matters. They are:

  • the Section 29A Practitioner Panels (established under section 29A of the Legal Aid Act 1978):
    • summary crime panel
    • indictable crime panel
    • Children’s Court (Family Division) panel
    • family law panel
    • independent children’s lawyers panel
  • the Section 30 Referral Panel (established under section 30 of the Legal Aid Act): private law firms and private lawyers, selected by VLA, who are willing to act in any assisted matter, including indictable crime matters.

Calls for tenders

VLA may request private law firms to tender to conduct any type of matter. However, usually, VLA will request a tender only if a case:

  • involves high costs
  • involves a potentially very large award of damages; or
  • is otherwise an extraordinary matter, perhaps one involving the public interest.

See Payments for further discussion of tenders.

If a person nominates their lawyer of choice on their application form

If a person has nominated their preferred lawyer on their application form, then, usually, VLA will allocate the matter to that lawyer. However, VLA will not necessarily do so.

Indictable criminal matters

If VLA re-allocates an indictable crime matter, then its first choice will be to re-allocate it to one of VLA’s in-house lawyers.

However, if VLA’s in-house lawyers cannot act in the matter, then VLA will re-allocate the matter to:

  • first, a member of the Section 29A Practitioner Panel
  • second, a member of the Section 30 Referral Panel.

Nominating a lawyer of choice in an indictable crime matter

An indictable matter will not be allocated or transferred to a Section 30 Referral panel firm unless compelling reasons exist why that firm should retain or receive the matter.

If a member of the Section 30 Referral Panel lodges an application for a grant of legal assistance for an indictable crime matter on behalf of a person, or if an application is received directly by a person, the matter will be allocated to VLA’s in-house practice or to a Section 29A practitioner panel firm on VLA’s indictable crime panel.

In other areas of law, the Section 30 Referral Panel firm will normally be able to retain the matter.

Re-allocation of matters if there is a conflict of interest

If a member of a Section 29A Practitioner Panel or the in-house lawyer discovers they have a conflict of interest, then VLA will re-allocate the matter to another lawyer in accordance with its allocation of work guidelines.

Re-allocation of matters for any other reason

If there is any other reason that a member of the Section 29A Practitioner Panel or a VLA in-house lawyer cannot act in the indictable crime matter or in any other matter, then VLA will re-allocate the matter in accordance with the allocation of work guidelines.

Allocation of pleas or trials following a privately funded committal

In an indictable crime matter, if an accused person seeking a grant of legal assistance for a plea or a trial has privately funded their committal, the amount of private funds may affect VLA’s allocation of work of legally assisted work for their plea or trial.

If a member of the Section 29A Practitioner Panel lodges an application for a grant of legal assistance for a plea or trial on behalf of a person, then VLA will re-allocate the matter to another lawyer, in accordance with the allocation of work guidelines, if:

  • the person has already privately funded their own committal hearing to an amount that is significantly more than VLA would provide under a grant of legal assistance
  • the person now has no resources left to fund their own plea or trial
  • the Section 29A Practitioner Panel member lodging the application on the person’s behalf is the same law firm which acted for the person in their committal hearing
  • the extent or other circumstances of the committal funding is considered unreasonable.

VLA may also take appropriate action against the Section 29A Practitioner Panel member if the extent of committal funding paid for privately is considered unreasonable. ‘Appropriate action’ may include removing the law firm from the panel – see Removal and suspension from a section 29A panel.

Expensive indictable crime matters

VLA may re-allocate an indictable crime matter to a VLA in-house lawyer if:

  • VLA had first allocated the matter to a Section 29A Practitioner Panel member
    and
  • the cost of assistance is projected to significantly exceed any relevant cost ceiling.

If VLA chooses not to re-allocate such an indictable crime matter, then VLA may require the Section 29A Practitioner Panel member to brief any counsel (including in-house advocates) whom VLA selects. In these ways, VLA may be able to control better the costs of the case.

Expensive family law matters

If the cost of providing a grant of legal assistance in a family law matter is likely to exceed the Commonwealth’s cost ceilings, then, usually, VLA will allocate the matter to a VLA in-house lawyer.

However, in exceptional circumstances, if VLA cannot allocate the matter to a VLA in-house lawyer, then VLA:

  • will allocate it to a member of the Section 29A Practitioner Panel
  • may extend the amount of the grant if it is impossible to keep the costs of the matter within the Commonwealth’s cost ceilings.

Crimes (Mental Impairment and Unfitness to be Tried) Act matters

VLA’s guidelines for allocating matters under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 are as follows:

  • Matters to be heard in the County Court and in the Supreme Court are to be allocated to, either:
    • VLA’s in-house lawyers who will, wherever possible, brief VLA’s in-house advocates
    • the Mental Health Legal Service – if the person seeking legal assistance lodges their application through the Mental Health Legal Service
  • Matters before the Forensic Leave Panel are to be allocated to, either:
    • VLA’s in-house lawyers
    • the Mental Health Legal Service – if the person seeking legal assistance lodges their application through the Mental Health Legal Service.
  • Counsel is to be briefed only if:
    • the matter is to be heard in the County Court or in the Supreme Court and VLA considers it is a particularly difficult matter or otherwise requires special consideration
    • VLA has allocated the matter to VLA’s in-house lawyers, but VLA’s in-house advocates are not available.

State family matters

If VLA grants legal assistance to a child under seven years old who is involved in a hearing in the Family Division of the Children’s Court, then, usually, VLA will allocate the matter to a VLA in-house lawyer.

If a VLA in-house lawyer cannot act for the child because of a conflict of interest, then, wherever practicable, VLA will allocate the matter to a private lawyer who:

  • has been accredited by VLA as a duty lawyer
  • is participating in a duty lawyer scheme which VLA administers.

Social security matters at the ARO and SSAT stages and State equal opportunity matters

In the absence of compelling reasons, social security matters at the Authorised Review Officer (ARO) and Social Security Appeals Tribunal (SSAT) stages and state equal opportunity matters will be allocated to a VLA in-house lawyer. See also: State civil law guideline 13 – social security cases at the ARO and SSAT stages.