General Principles to be applied to each priority

• Consideration should be given in all cases to what other services (non-legal as well as legal) may be relevant to a client's needs and the appropriateness of referral.
  
  
• Services directed to a case should, where appropriate, focus on resolution of the matter through the use of preventative, early intervention or dispute resolution services rather than litigation.
  
  
• The provision of all preventative and early intervention legal education, information, advice, assistance and advocacy services are considered a Commonwealth legal aid service priority regardless of whether the matter type comes within Commonwealth or State/Territory law.
  
  
• The priorities for family law matters relate to complex issues and fundamental matters necessary for the wellbeing of children and/or people who have experienced, are experiencing or are at risk of experiencing, family violence. The priorities are not intended to include grants of legal aid for matters such as matrimonial divorce proceedings, applications for passport, change of name applications, unless special circumstances apply.
  
  
• The priorities for family law, criminal law, civil law and special circumstances of the applicant outlined below are not listed in any hierarchical order.
  

• Family law matters that involve a grant of legal aid being provided to assist:
  
  
  • children, including the appointment of a court appointed independent children's lawyer
    
    
  • people who have experienced, are experiencing or are at risk of experiencing, family violence, and
    
    
  • family members resolve complex issues relating to the living arrangements, relationships and financial support of their children.
    
    
• State law matters in which a child's safety or welfare is at risk and there are other connected family law priorities for which a grant of legal assistance could be made.
  
  
• State law matters where the applicant's safety is at risk and there are other connected family law priorities for which a grant of legal assistance could be made.
  

• Commonwealth criminal law matters that involve a grant of legal aid being provided to assist people facing Commonwealth criminal offences or undergoing Commonwealth criminal proceedings where the defendant is:
  
  
  • a child, or
    
    
  • a person who, if convicted, is likely to receive a sentence involving a period of imprisonment.
    

Note: Legal aid commissions may apply for reimbursement of one-off costs associated with providing assistance for a particular criminal law matter from the Commonwealth Criminal Law - Expensive Cases Fund administered by the Commonwealth Attorney-General's Department.

• Commonwealth civil law matters that involve a grant of legal aid being provided for:
  

1. assistance to war veterans under the War Veterans Legal Aid Scheme
   
   
2. matters relating to social security and other Commonwealth benefits
   
   
3. migration matters where assistance is not available from services funded by the Department of Immigration and Citizenship
   
   
4. Commonwealth employment, equal opportunity and discrimination cases
   
   
5. Commonwealth consumer law matters
   
   
6. matters arising under the Proceeds of Crime Act 2002
   
   
7. proceedings under section 19 or 21 of the Extradition Act 1988.

• Cases requiring a grant of aid involving special circumstances such as a language or literacy problem, intellectual, psychiatric or physical disability; a person's remote locality making it difficult to obtain legal assistance or where the person would otherwise be at risk of social exclusion.
  
  
• Cases requiring a grant of aid where the applicant is a child or the applicant is appointed under the Crimes Act, 1914 to question a child complainant or child witness, should be considered a priority.