Legal aid and free legal help in Australia: who qualifies and what it covers

If you cannot afford a lawyer in Australia, start with the legal aid commission in your state or territory and a community legal centre. Legal aid commissions give free legal information and short advice to almost anyone, and fund full representation ("a grant of legal aid") for people who pass a means test, a merit test and a matter-type test. Grants mostly cover criminal law, family law and some civil and administrative matters, and you may have to pay a contribution. Community legal centres give free advice and sometimes casework on everyday problems such as tenancy, debt, employment and fines. Pro bono schemes run by law societies, bar associations and justice organisations can match some people with free lawyers.

This guide belongs to the overview of lawyer fees in Australia.

The three tests for a grant of legal aid

Test	What is assessed	Common outcomes
Means	Your income, assets, household and essential expenses	Approved with no contribution, approved with a contribution, or refused
Merit	Whether your case has reasonable prospects and a reasonable person would spend their own money on it	Some matters, such as many criminal defences, pass more easily
Matter type	Whether this kind of matter is funded under the commission's guidelines	Many civil disputes, such as most debt and commercial claims, are not covered

Each commission publishes its own guidelines and they change, so check the current version before applying. Applying usually means filling in a form with documents showing income, Centrelink payments, bank balances and assets.

What a contribution is

A grant can require you to pay part of the costs: an up-front amount, a share of costs, or a repayment from property or money you receive at the end of the case, sometimes secured by a charge over your home. Ask the commission to explain the contribution and any charge before you accept the grant.

Illustrative example: a commission approves a grant for a family law matter with a $600 initial contribution. If you later receive a property settlement, the grant conditions may require you to repay some of the funded costs from it. The details depend on the commission's rules.

Free help that does not need a grant

Legal information and referral lines run by legal aid commissions and services such as LawAccess NSW
Duty lawyers at many local and magistrates courts for people appearing that day, especially in criminal and family violence lists
Community legal centres: generalist centres plus specialist centres for tenancy, consumer credit, employment, women, Aboriginal and Torres Strait Islander people, refugees, disability and environment
Aboriginal legal services for Aboriginal and Torres Strait Islander people
Court and tribunal help: registries can explain procedure (not give advice), and some tribunals have advice services on hearing days
Pro bono referral schemes through law societies, bar associations and organisations such as Justice Connect in some states

Where to start in each state and territory

Jurisdiction	Legal aid body
NSW	Legal Aid NSW, plus LawAccess NSW for information and referral
Victoria	Victoria Legal Aid
Queensland	Legal Aid Queensland
Western Australia	Legal Aid WA
South Australia	Legal Services Commission of SA
Tasmania	Legal Aid Commission of Tasmania
ACT	Legal Aid ACT
Northern Territory	Northern Territory Legal Aid Commission

Community Legal Centres Australia keeps a national directory of centres.

If you do not qualify: lower-cost options

Many people earn too much for legal aid but cannot comfortably pay for a full case. Options include:

Unbundled or limited-scope help: pay a lawyer for one task, such as reviewing a document, drafting a letter or preparing you for a hearing. Agree the scope and price in writing.
A fixed-fee first consultation to understand your position before committing. See the first consultation checklist.
Tribunals and small claims courts designed for people without lawyers. See small claims and tribunals versus a lawyer.
No win no fee for personal injury and some other claims. See no win no fee.
Free dispute schemes: for complaints about banks, insurers, super funds or telcos, external dispute resolution schemes such as the Australian Financial Complaints Authority (AFCA) and the Telecommunication Industry Ombudsman are free for consumers.
Legal expenses cover: some home, car or business insurance includes limited legal cover. Check your policy.

Making a free appointment count

Free services are busy. To get the most from limited time:

Write a one-page timeline of what happened, with dates
Bring the key documents only, in date order
Note any deadlines on court or tribunal papers
Write down the two or three questions you most need answered
Ask what you should do next and by when

Frequently asked questions

Can I get legal aid for a dispute with a builder or a debt claim?

Usually not for full representation, because most commissions do not fund those matter types. You may still get free advice, and a community legal centre or tribunal advice service may help.

Does legal aid cover the other side's costs if I lose?

Rules differ. In some jurisdictions there are protections for legally aided parties against costs orders, in others there are not. Ask the commission before the case starts.

Can I choose my own lawyer on legal aid?

Grants may be assigned to in-house lawyers or to private lawyers on the commission's panels. You may be able to request a particular panel lawyer.

Sources

Legal Aid NSW — eligibility, the means and merit tests, and free advice
Victoria Legal Aid — eligibility guidelines and contributions
Legal Aid Queensland — grants and advice services in Queensland
Legal Aid WA — legal aid in Western Australia
Legal Services Commission of SA — legal aid in South Australia
Community Legal Centres Australia — find a community legal centre
National Legal Aid — links to every legal aid commission