Exceptions to Eligibility

General

An application for a grant of aid that meets the eligibility tests may be refused if–

1. there is some other funding source,
2. a more appropriate agency or service should deal with the matter, or
3. it would be reasonable for the applicant to self-represent.

Other funding source

Other funding source includes where–

1. the applicant can expect to recover damages, compensation, costs or any sum of money from the matter, such that the matter is self-funding,
2. a lawyer would act in expectation of payment in due course,
3. the matter will involve the sale of a valuable asset, and the matter could be funded from the proceeds of sale, or
4. there is some other fund from which the costs can be met.

Other agency or service

A more appropriate agency or service may include–

1. the Working Women's Centre or a trade union (unfair dismissal applications),
2. the Equal Opportunity Commission or Human Rights and Equal Opportunity Commission (discrimination and human rights matters),
3. the Environmental Defenders Office (environmental law matters),
4. the Legal Profession Conduct Commissioner (complaints about lawyers' conduct, conciliation of disputes over bills),
5. the Ombudsman (complaints about government agencies, public health facilities, local councils, declined Freedom of Information requests etc),
6. the Telecommunications Industry Ombudsman (telecommunications complaints),
7. the Financial Ombudsman Service (complaints about the actions of financial institutions),
8. the Australian financial Complaints Authority (AFCA) (disputes between insurers and insured over decisions on claims),
9. the Office of Consumer and Business Services (disputes over consumer purchases, commercial practices, etc),
10. a Community Legal Centre,
11. the Public Trustee (wills, estate management).

If an application has been made to the more appropriate agency, and the agency is unable to assist in the matter, the application for a grant of aid will be assessed in the normal manner.

Self-representation

A grant of aid will not usually be made if the matter is one in which it would be reasonable for the applicant to self-represent, particularly where the court or tribunal concerned commonly deals with self-represented litigants.