Legal problems rarely arrive at a good time. A fine, a debt, a parenting dispute or a letter from a court can leave you unsure where to start. Paying a private lawyer is not always possible. The good news is that Australia has a network of free and low cost legal help.
This article explains the main places to go. It covers legal aid commissions, community legal centres, Aboriginal and Torres Strait Islander legal services and pro bono schemes. Each one plays a different role. Knowing which one fits your problem can save you time.
Legal aid commissions
Every state and territory has a legal aid commission. The Attorney-General’s Department describes them as independent statutory bodies. They give legal information, legal advice and representation in courts and tribunals. Information and telephone advice are often free.
Having a lawyer act for you in court is different. Representation through a grant of legal aid requires you to pass a means test and a merits test. The department’s page on legal assistance services explains how these providers fit together. The Australian Pro Bono Centre says contacting the commission in your state or territory is the best way to check your eligibility.
Legal aid commissions also run services that do not need a grant. The Pro Bono Centre lists phone advice, legal information and referrals among them. Some commissions also provide duty lawyers in certain courts. If you have a court date coming up, it is worth asking whether a duty lawyer will be there.
Community legal centres
Community legal centres are independent organisations run on a not for profit basis. Community Legal Centres Australia, the national peak body, says there are more than 160 community legal services across every state and territory. Their advice and services are mostly free. The Attorney-General’s Department notes that they help people facing disadvantage or with special needs.
Generalist centres serve people in a set local area. They commonly help with civil and family law problems such as fines, credit and debt, parenting orders, family violence, child protection and victim support. Specialist centres focus on one area of law or one group of people. Community Legal Centres Australia links to state and territory directories, which are a quick way to find a centre near you.
Family law problems are among the matters generalist centres commonly help with. If your matter involves children, it helps to understand why the court may not grant sole custody of a child. You may also come across the role of an independent children's lawyer. Reading up before an appointment means you can use the time well.
Aboriginal and Torres Strait Islander legal services
Aboriginal and Torres Strait Islander Legal Services are Aboriginal community controlled organisations. They give free advice, representation, information and referrals that are culturally appropriate. Each state and territory has one, with New South Wales and the ACT sharing a single provider. These services are for Aboriginal and Torres Strait Islander people.
Family Violence Prevention Legal Services offer a related kind of help. They give culturally sensitive support to Aboriginal and Torres Strait Islander survivors of family violence and sexual assault. They work alongside other service providers. The Australian Government also funds specialist family and domestic violence legal services for people who might otherwise miss out.
Pro bono help from private lawyers
Pro bono means legal work that private lawyers do without charging a fee. According to the Australian Pro Bono Centre, it helps people who need legal assistance but cannot get legal aid. That includes the “missing middle”, people who earn too much for legal aid but cannot easily afford a lawyer. Pro bono work can also cover matters of public interest.
Most people reach pro bono help through referral schemes rather than by calling a firm directly. The Australian Pro Bono Manual chapter on legal aid commissions names community legal centres and Indigenous legal organisations as common referral points too. These services often check if you qualify for legal aid before making a referral. Pro bono help is not guaranteed, so it is wise to try other options at the same time.
Getting the most from free advice
Free services are busy, so preparation helps. Write a short timeline of what has happened and when. Gather any letters, court papers, contracts or orders and bring copies. Note any deadlines, especially court dates or time limits mentioned in a letter.
Be ready to explain what outcome you want. A clear question tends to get a clearer answer. If English is not your first language, ask whether an interpreter can be arranged. Some matters connect to others, so mention everything that seems relevant.
Some problems are easier to deal with before they become disputes. Parents often look at how to appoint a legal guardian in your will while things are calm. Others want to understand the consequences of breaching family orders before acting on a disagreement. Early advice is usually less stressful than fixing a problem later.
Court fees and other help
There is one more benefit worth knowing about. Under the Legal Aid Schemes and Services Approval 2023, clients of listed providers are exempt from court fees such as document filing fees. The Australian Government also offers Commonwealth legal financial assistance for some Commonwealth law or overseas legal matters. This is for people who do not qualify for legal aid.
It also helps to know who cannot assist. The Attorney-General’s Department itself cannot give legal advice or provide a lawyer. Its website names the national bodies for each type of service. Starting with the right service saves you being passed from one office to the next.
Frequently asked questions
Is legal aid free?
Legal information and telephone advice from legal aid commissions are often free. Having a lawyer represent you needs a grant of legal aid. To get one you must pass a means test and a merits test.
What does a community legal centre help with?
Generalist centres commonly help with civil and family law problems. Examples include fines, debt, parenting orders and family violence. Specialist centres focus on a particular area of law or group of people.
Can I get a private lawyer for free?
Some private lawyers take on pro bono matters. Most people are referred through a pro bono scheme or a legal service. Help depends on eligibility and is not guaranteed.
Where should I start?
A good first step is the legal aid commission in your state or territory. It can check your eligibility and refer you on. A community legal centre is another useful first point of contact.
Legal services, eligibility rules and laws differ between states and territories and change over time. This article is general information only and is not legal advice. Speak with a qualified lawyer about your own situation.
