A Guide to Eligibility
- Legal Aid in Queensland
Legal aid is an essential service that ensures all individuals, regardless of their financial situation, have access to legal presentation and advice. In Queensland, Legal Aid Queensland (LAQ) is the main provider of legal aid services, offering assistance in various legal matters mainly in civil law, criminal law, family law and other areas where a person might face significant disadvantages or hardship.
However, legal aid is not available to everyone. To qualify for assistance, applicants must meet specific criteria, including financial eligibility, the type of legal matter, and the merits of their case. Our article will outline who is entitled to legal aid in Queensland based on these key criteria.
- Your Financial Eligibility
One of the primary factors for determining eligibility for legal aid is financial need. Legal Aid Queensland will apply a means test to assess whether an individual’s income and assets are sufficient to afford private legal representation. The test considers various factors including but not limited to:
a) Income
b) Assets and Savings
c) Dependents
- The Income Test
Aid is not normally granted where your income exceeds the maximum income threshold. You are required to provide your salary or wage, including copies of your pay slips, bank account statements, tax returns and any documents about your problem with your application.
In circumstances where you rely on Centrelink payments for your income, you will usually be eligible for legal aid, if your assets are within the set limits. You are required to include Family Tax Benefit payments, along with child maintenance and child support payments, as income.
If you have investments, you are required to disclose money you received from investments, such as share dividends, rent from investment properties or payments from trusts.
Household Type Maximum income threshold gross income per week
Single $1040.00
Sole Parent (in workforce) $855.00-$1690.00
(depending on the number of children) **
Couple (one in workforce) $1200.00-$2200.00
(depending on the number of children) **
Couple (both in workforce) $1180.00-$2070.00
(depending on the number of children) **
- The Asset Test
When assessing assets, Legal Aid Queensland considers items such as real estate, cash, shares, debentures, or other investments, as well as the assets of anyone who provides financial support to you- unless you are seeking legal aid due to a dispute with that person. However, certain assets are excluded from the assessment, including:
- The home you live in, as long as the equity is $146,000.00 or less
- Cash saved for purchasing a home or land you own, as long as the equity is $146,000.00 or less and you signed a contract to buy or build a home before you knew about your legal problem for this cash or land to be exempted under the means test
- Household furniture unless it is exceptionally valuable
- Tools you need for your job unless it is exceptionally valuable
- Your cars or cars (unless you have over $16,000.00 in equity)
- The first $2,000.00 of an applicant’s savings.
Situation Eligibility
They are single and have no dependent children, and their assessable assets are more than $930.00.
You may not be eligible for aid or may have to pay some money towards your legal costs.
They receive financial help from another person or are single with dependent children, and their assessable assets are more than $1,880.00.
You may not be eligible for aid or may have to pay some money towards your legal costs.
Please take note that the Aid will not be approved if the amount you would have to pay is more than the value of your grant of aid.
- General Asset Limits
If your assessable assets are more than $930.00 (or $1,880.00 if you receive financial help from another person or are single with dependent children), you may not be eligible for aid or may have to pay some money towards your legal costs.
- Family Law
If you are seeking legal aid for a family law property settlement or domestic violence matter, you may have an interest of up to $200,000.00 in allowable assets that are in dispute with the other party.
- For Those Aged 60 or Over
If you are 60 years or older, you can have equity in your home up to $292,000.00, provided you
- Receive an income-tested allowance or benefit
- Have lived in the home for more than five (5) years, or had to move out to buy an alternative home due to illness or disability
- Farmer or Small Business Owner
You can have equity in the farm or business up to the following limits:
Situation Eligibility
If you are a homeowner and you get financial help from another person Up to $236,500.00.
If you do not obtain financial help from another person- up to $166,750.00*
If you do not own your home and you get financial help from another person Up to $357,500.00.
If you do not get financial help from another person- up to $287,750.00*
- Special Circumstances
Failed to meet the means test but deserve special consideration because you are experiencing multiple disadvantages? Your matter is most likely to be forwarded to a senior officer for discretionary consideration, given that you can show:
- Your assets exceed the limit set in the means test, but because of your special circumstances, you are unable to access your assets
- You have access to a modest amount of money in the bank, but because of their special circumstances, taking this money into consideration when assessing financial eligibility for aid is not justified
- You own substantial assets (apart from cash) that exceed the means test limit but they have no prospect of being employed in the future due to your special circumstances.
- Types of Cases the Legal Aid can Fund
Based on the priorities set for the Legal Aid Centre by the state and federal governments:
Legal Fields Matters
Civil Law – Child protection proceedings
- Domestic and family violence matters
- Discrimination matters
Criminal Law – District and Supreme Court criminal proceedings - Indictable offences in the Children Court (must be of serious offences)
- Appeals to the Court of Appeal or High Court
- Magistrates court committal hearings where the maximum penalty is more than 14 years in jail
- Bail Applications
Family Law – Urgent matters where a child’s safety or welfare is at risk or the applicant’s safety is at risk - Urgent matters where there is an immediate risk of a child being removed from Australia or to a remote location in Australia
- Separate representation of children
- Parenting plans and orders
- Location and recovery orders
- Injunctions relating to family violence
You are strongly encouraged to seek legal advice before applying for a grant of legal aid. Our team of legal experts is dedicated to providing tailored services to achieve the best possible outcome. Call our friendly team at 07 3180 0908 if you need legal advice or want to know your next steps.
PHOENIX LAW & ASSOCIATES multilingual lawyers. Email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #phoenixlaw #legalaid #familylaw
