Name of the Organization : Northern Territory Legal Aid Commission
Type of Facility : Applying For Legal Aid
Country : Australia
Website : http://www.ntlac.nt.gov.au/
Applying For Legal Aid:
How Does Legal Aid Work?:
The NT Legal Aid Commission is an independent statutory Commission and provides access to the law and legal assistance to people who are unable to afford the services of a private lawyer.
Related : Apply For Legal Aid in Queensland
Legal Aid in the NT usually only assists in matters that are before the Courts in the Northern Territory, but assistance can be given to apply for aid from another Commission in another State or Territory.
Initial assistance is provided by in-house lawyers employed by the Commission or private lawyers who will accept legal aid cases and are paid by the Commission. Any person is entitled to an initial advice session on any matter. This service is free.
If you are granted ongoing legal assistance you will be required to pay a small initial contribution. If the lawyer who assists you is employed by the Commission you have to pay your initial contribution to the Commission. If you are referred to a private lawyer you pay your initial contribution directly to that lawyer who then sends their bill to the Commission. You may be required to pay a further contribution at the end of your case which you pay directly to the Commission.
How Do I Apply:
You should first attend a free advice session at a Legal Aid office or contact your private lawyer so you can discuss your legal problem. You then need to complete an application form. These are available from the Commission or your private lawyer. Either post or deliver the form in person to the Commission for assessment. Assessment for an ongoing grant of legal aid is made by applying three tests. These are applied to everyone who asks for a grant of aid. If you do not meet these tests then you will not be eligible for ongoing aid.
The Means Test:
This determines whether you can afford a private lawyer. If you can then you will not be eligible for ongoing aid.
Type Of Matter Test:
This determines whether your problem is in one of the identified Legal Aid ‘priority’ categories, or whether you can obtain appropriate assistance elsewhere.
Merit Test:
This determines whether you are likely to succeed in your case and whether providing aid to you will achieve what you want.
You will be advised of the outcome by mail, (in non urgent cases) usually within 10 working days. All applicants are given a guide which provides more information about the conditions that apply to ongoing aid.
What Do I Pay:
Everyone who is granted ongoing legal aid pays a minimum initial contribution of $110. This can be paid off in instalments if necessary. Any further contribution that you may have to make is worked out on a sliding scale based on your financial position and the likely cost of the case. At the end of your case your contribution will be reassessed. If you have received a cash lump sum or a significant amount of property then your contribution may be increased. The money you contribute makes legal aid available to other people.
Any financial assistance received from the Contingency Fund has to be repaid with interest at the end of your case.
What If I Don’t Agree With a Decision?:
If your application for aid is refused you can have the decision reconsidered. To do this you must make a written request to the Director of the NT Legal Aid Commission within 3 months of receiving notice of this decision. It is then reconsidered by another lawyer at the Commission.
If you do not agree with the second decision you can have it reconsidered by the Legal Aid Review Committee. The Committee has three members, two of whom are not Commission staff. You (or your private solicitor) can talk to the Review Committee and if they agree the decision can be changed. To apply to the Review Committee you must make a written request to the Director of the NT Legal Aid Commission within 3 months of receiving notice of the result of the first reconsideration.