accused – person charged with a criminal offence.
advocacy – making legal arguments or negotiating on behalf of a person or group of people, often involving representing them in court.
barrister – an independent lawyer who specialises in courtroom advocacy, drafting legal documents and giving expert legal opinions. Barristers may also act as a mediator and/or arbitrator.
brief – a document sent to the barrister by a lawyer which gives details on the issues arising in a case, and encloses any relevant paperwork which the barrister will need in order to provide advice and/or represent a client at court (if appropriate).
community legal centre – an independent community organisation that provides free advice, casework and legal education to its community.
duty lawyer services – information, advice and representation services provided at a court or tribunal where a court or tribunal appearance is imminent and services have not been arranged under a grant of legal assistance.
early intervention services – these incorporate our extensive legal advice, minor assistance and advocacy services. Includes any Commonwealth or state-funded matters.
family dispute resolution services – roundtable dispute conferences that seek to resolve family legal problems outside of the court system. Family dispute resolution services are Commonwealth-funded matters. To use our Roundtable Dispute Management (RDM) service, at least one person involved in the family dispute must apply for and obtain a grant of legal assistance. If appropriate, RDM may also be available where court proceedings have been commenced but before a person is provided with a grant of legal assistance to be represented at a final hearing. (see also appropriate dispute resolution)
family violence – behaviour that is used to control, threaten, force or dominate a family member through fear of their or another's personal wellbeing or safety. It includes sexual psychological, physical, emotional and financial abuse.
Federation of Community Legal Centres – the peak body for 50 community legal centres across Victoria, which leads and supports the centres to pursue social equity and challenge injustice.
grant of legal assistance – money from the Legal Aid Fund that enables a lawyer to help a person with their legal problem. The grant enables a lawyer to give legal advice, help reach agreement, prepare legal documents and/or represent a person in court. In determining whether to provide a grant of assistance we apply guidelines that look at what a person wants legal assistance for, if they are likely to win their case, the financial circumstances of the person, the likely cost of the case, and whether it is in the interests of justice to do so. Some people are required to pay a contribution towards the cost of their legal representation.
independent children's lawyer – a lawyer appointed by Victoria Legal Aid following the making of an order by a court for the child to be separately represented in their best interest.
indictable offence – a serious criminal offence often heard before a judge and jury of the County or Supreme Court. Certain indictable offences may be heard and determined by a magistrate.
intervention order – court order to protect you from family violence or stalking.
legal advice – initial advice about a legal problem including help in preparing an application for a grant of legal assistance and the information required for that purpose. Legal advice is a short, one-off session available face-to-face, or by phone or video-conference in some circumstances. We do not provide legal advice by email or via our website.
legal aid – defined in the Legal Aid Act 1978 (Vic) as education, advice or information in or about the law; legal services (including legal advice, duty lawyer services and legal assistance services); appropriate dispute resolution programs and any other matter within the scope of Victoria Legal Aid's functions, powers and duties under the Act.
Legal Aid Fund – controlled and administered by Victoria Legal Aid. It is made up of money received from the state and Commonwealth governments for legal aid purposes, and from money received from the Legal Services Board from the Public Purpose Fund. The Legal Aid Fund also contains monies received from other sources such as contributions received from legally assisted people. Victoria Legal Aid pays for all expenses associated with the provision of legal aid, including administrative costs and expenses, from the Legal Aid Fund.
legally assisted clients – clients in receipt of a grant of legal assistance.
legal assistance services – defined in the Legal Aid Act 1978 (Vic) as legal services provided other than by way of duty lawyer services or legal advice (i.e. grants of legal assistance). However, in a more general sense, defined by the National Partnership Agreement as the services provided by all of the sector-wide legal service providers, including legal aid commissions, community legal centres, Aboriginal and Torres Strait Islander legal services and family violence prevention legal services.
legal matter – an issue under consideration in a case of law.
litigation services – includes Commonwealth and related state legal representation before a court or tribunal under a grant of legal assistance. Cases may be handled by our in-house practice or private practitioners.
means test – a test applied to an application for a grant of legal assistance that looks at what income the applicant for assistance gets from work, welfare benefits or other sources and what their weekly living expenses are. It also looks at if the applicant supports anyone else, or whether anyone else supports the applicant (their income and assets are included), and whether the applicant has assets such as owning a car, home or anything else of value.
minor assistance – legal work, including perusal of documents, written advice, telephone calls on the client's behalf, oral or written negotiations and, in some cases, simple appearances before courts or tribunals that are conducted within reasonable limits. This work is not carried out under a grant of legal assistance and is only undertaken where it can be demonstrated there is a tangible benefit for the client. This may include matters such as general civil law assistance that is not funded under a grant of legal assistance.
National Partnership Agreement (NPA) – an agreement between the Commonwealth of Australia and the states and territories which provides policy directions and funds for legal assistance programs to assist disadvantaged Australians. Victoria signed the Council of Australian Governments’ National Partnership Agreement on Legal Assistance Services (PDF, 540kb) in early July 2010.
practitioner panel – a list of suitably qualified legal firms and/or lawyers who can act for legally assisted clients for specific types of legal matters.
preventative services – includes all referrals to external agencies, any legal information provided by telephone or face-to-face at Victoria Legal Aid offices, including through the Legal Help telephone service, community legal education, publications produced and distributed and website page views (of relevant pages). This includes any Commonwealth or state-funded matters.
private practitioner – a lawyer who assists a legally aided client through a private practice. Private practitioners referred to throughout this report are on our practitioner panels.
Public Purpose Fund – a fund established under the Legal Profession Act 2004 used to fund the regulation of the legal profession, finance legal aid and fund a number of other public purposes such as legal education and law reform. It is managed by the Legal Services Board, an independent statutory body within the portfolio of the Department of Justice.
settlement – resolution or agreement of a claim or dispute.
settlement agency – an organisation that provides support and assistance to new and recently arrived refugees and migrants.
strategic advocacy – involves working on the justice system to achieve practical outcomes and procedural fairness for groups of disadvantaged people. It is about influencing those who make, interpret and apply law and policy to effect change, consistent with our objectives and priorities.
summary offence – a less serious criminal offence usually heard in the Magistrates' Court or Children's Court.
triage – the process of finding out enough about a person’s circumstances and their legal issues when they first contact Victoria Legal Aid to make a decision about the best service available to them.
unique client – an individual client who accessed one or more of Victoria Legal Aid’s early intervention and duty lawyer services or received a grant of legal assistance either for dispute resolution or litigation. Unique clients not include people who received information or participated in community legal education, for whom an individual client record is not created.