Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Financial Assistance

Important changes to Financial Assistance to take effect on 1 July 2012

On 1 July 2012, the existing 26 statutory and non-statutory financial assistance schemes will be consolidated into one scheme that will provide financial assistance for costs of disbursements in a wide variety of legal matters.

Financial assistance for legal representation costs will only be payable in exceptional circumstances. This includes Commonwealth public interest and test cases, unlawful overseas child removal and people facing life imprisonment or the death penalty overseas. Specific parameters for the new scheme are under consideration and will be publicised before the scheme commences.

The changes will also include a revised interest test for respondent funding in native title matters. More information is available on the Native Title Respondent Funding Scheme page.

The following information describes the arrangements that will apply until the new scheme commences.

What is financial assistance?

The Australian Government provides financial assistance to help individuals meet the cost of legal proceedings under some Commonwealth laws, or where the Commonwealth holds a special interest and mainstream legal aid is not available.

The legal assistance program is an important element of the Australian Government’s commitment to improving access to justice. Grants of financial assistance enable individuals to pursue their legal rights in circumstances where they otherwise may not be able to.

Financial assistance is available for legal proceedings covered by one of 26 schemes administered by the Attorney-General’s Department. Currently, the most commonly-used schemes are:

When is financial assistance available?

Grants of assistance are similar to legal aid. Both programs operate with competing demands and limited budgets and requests are assessed on a case-by-case basis. The fact that your matter appears to satisfy scheme guidelines, or that you have received funding for the same matter in the past, does not guarantee that your application will be approved.

Each scheme has different eligibility requirements, but consideration is generally given to the legal merits of the case and whether you face significant financial hardship.

How is the amount of assistance calculated?

It is unlikely that 100% of your legal costs will be covered. Grants of assistance should be viewed as a contribution towards your legal costs, not an undertaking to meet your full legal costs. The Department does not pay full commercial legal rates. You should talk to your lawyer about the limits to the funding available under any grant provided by this Department.

From 24 October 2011, the amount of financial assistance payable for solicitor fees under any domestic scheme (except the Federal Proceedings (Costs) Act Scheme) will no longer automatically reflect the rates in the Federal Court Scale of Costs. For more information on payment rates for a particular scheme, please click through to that scheme’s webpage under ‘What is financial assistance’.

For grants approved before 24 October 2011, the amount of financial assistance payable for solicitor fees will be set out in each grant approval letter, and will apply until the grant expires.

Can you get assistance for costs incurred before you lodged an application?

No. Only costs incurred from the date you make your application to the Department will be considered for approval under a grant.

Conditions of assistance

Every grant of assistance will come with conditions attached, such as a start and end date, and an upper limit of funding. There are also specific invoicing and reporting requirements. These terms and conditions will be explained to you if your application for assistance is successful. It is important to be familiar with these terms and conditions, and to comply with them, otherwise the Department may not pay your legal costs.

How do I apply?

Applications can be made at any time of the year, and at any stage of your proceedings. Each application form states what information and supporting documents you need to provide.

Native Title Respondent Funding Scheme (matter that has NOT previously received funding)

Native Title Respondent Funding Scheme (matter that HAS previously received funding)

Special Circumstances (Overseas) Scheme

All other schemes

Before you submit your form, make sure that:

  • you have completed all the required sections, and
  • you have attached all necessary documents.

If your application is incomplete, it will be returned to you and we will take no further action on your application.

To submit your form, email it (and copies of supporting documents) to finass@ag.gov.au.

Enquiries

If you are unable to submit an application by email, or have any other questions, please email us at finass@ag.gov.au, or call us on (02) 6141 4770.