Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
- 4 – Commonwealth family law and child support guidelines
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5 – Commonwealth civil law guidelines
- Guideline 1 – general guideline for Commonwealth civil matters
- Guideline 2 – social security and other benefits: administrative appeals
- Guideline 3 – assistance for migration cases
- Guideline 4 – equal opportunity and discrimination
- Guideline 5 – war veterans' matters
- Guideline 6 – other Federal Court and High Court proceedings
- Guideline 7 – Proceeds of Crime Act 2002
- Guideline 8 – extradition proceedings
- Guideline 9 – appeals
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Standard grants assessment process
- 9 – Simplified grants assessment process
- 10 – Referral and practitioner panels
- 11 – Means test
- 12 – Commonwealth merits test
- 13 – State reasonableness test and interests of justice test
- 14 – Special circumstances
- 15 – Applying for a grant of legal assistance
- 16 – Decision to grant or refuse assistance
- 17 – Reconsideration and review of decisions
- 18 – Standard terms and conditions
- 19 – Contributions and overdue payments
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
- 22 – Allocation of work to lawyers and law firms
- 23 – Payments to lawyers and service providers
- 24 – Compliance reviews
- 25 – Privacy protection
- 26 – Complaints and feedback
- Topic index
- Invoices, worksheets and forms
- Contact us
Guideline 2 – social security and other benefits: administrative appeals
VLA may provide a grant of legal assistance to a person for representation in a social security or other Commonwealth benefits matter in the Administrative Appeals Tribunal if:
- the person may incriminate themself in the proceedings
- the case is complicated
- the case requires significant medical evidence
- it would be unreasonable to expect the person to adequately represent themselves due to special circumstances
- VLA determines that the appeal involves an important or complex question of law.
Documentary requirements
Applications under this guideline can only be submitted via the standard grants assessment process.
A member of the section 29A practitioner panel or section 30 referral panel or other person seeking a grant of legal assistance should forward the following documents for assessment:
- a completed VLA application form
- having referred to guideline 2 and all available material, the lawyer’s assessment or report (if the application is made via a lawyer) and documentation that shows:
- how the person seeking a grant of legal assistance may incriminate themselves if unrepresented
- aspects of the case which make it complicated
- any special circumstances which would make it unreasonable for the person applying for the grant of legal assistance to represent themselves
or - any important or complex question of law raised by the matter.
- reference to how the matter meets the Commonwealth merits test
- relevant proof of means.