Legal representation

and Legal Aid

If a case goes to trial, it is unlikely

that the defendant will have a fair
trial if they represent themselves or
arrange for an unqualifed person to
defend them.

Dietrich v The Queen 1992

established a limited right to legal
representation in Australia for the
frst time.

Access to justice is crucial to ensure

the legal system functions fairly and
equally for all parties who come
before it.

Many defendants are able to aord

adequate legal representation and
will pay for the services of a barrister
or solicitor to advise them and
represent their case.

!he quality of legal representation

will vary, and not all lawyers will
have adequate e"perience
representing people before a court.

In rare circumstances, an accused

may even elect to represent
themselves in court.

Issues with this#

Legal Aid

In $%&%, the '() *overnment

created the +egal Aid ,ommission,
under the Legal Aid Commission Act
1979 -'()..

!hey provide legal assistance and

representation to people who are
socially and economically
disadvantaged

It aims to safeguard people/s rights

!he +egal Aid ,ommission provides free

brief legal advice sessions to anyone.

!o access subsidised legal representation,

the defendant must be means tested.

A means test assess the defendant/s income to

determine whether they have the means to pay
for representation or not.

0or criminal matters, the ,ommission does not

assess the merits or likelihood of the case
succeeding.

'ot all matters can be covered by +egal Aid '(),

as the type of case must fall within the
jurisdiction of specifc areas of law in order to be
eligible.

A grant of +egal Aid is not free and in most case a

contribution must be made by the user.

+egal Aid '() is largely funded by the

,ommonwealth and '() government and the
'() +aw (ociety, but funding is often considered
inadequate to meet the level of demand.