Financial Assistance

The Australian Government provides direct financial assistance under a number of schemes to people requiring help to address matters involving Commonwealth law, or in circumstances that give rise to a special Commonwealth interest and legal aid is not available.

The Financial Assistance Section is responsible for administering a range of statutory and nine non-statutory financial assistance schemes.

The Attorney-General has delegated power to officers in the Legal Assistance Branch to authorise financial assistance to eligible applicants. Applications can be made throughout the year and will be assessed upon receipt by the Attorney-General's Department. The majority of schemes have guidelines which include hardship and reasonableness tests for eligibility.

A list of all schemes is provided below.

Native Title Funding Schemes

Native Title Act 1993, section 183

Financial assistance may be provided to a party or a person who intends to become a party to an enquiry, mediation or proceedings relating to native title, including an Indigenous land-use agreement or an agreement about certain rights of access for traditional purposes, or who are in dispute with another person about such rights of access.

For further information see financial assistance by the Attorney-General in native title matters.

Special Circumstances (Native Title) Scheme
Financial assistance may be provided to persons involved in native title matters which do not come within the scope of section 183 of the Native Title Act 1993.

For further information see Application Form – all schemes other than native title

Other Financial Assistance Schemes

Statutory schemes include the following:

Aboriginal and Torres Strait Islander Heritage Protection Act 1984, section 30
Financial assistance may be provided if persons are likely to be or have been adversely affected by a declaration made under the Act.
Aboriginal Land Rights (Northern Territory) Act 1976, sections 54C and 74A
A person or association may receive a grant of assistance of representation at an inquiry following the application to a commissioner by or on behalf of Indigenous Australians claiming to have a traditional land claim to an area or land. A grant of assistance may also be provided for the costs of representation to an inquiry relating to waters of the sea proceedings.
Administrative Appeals Tribunal Act 1975, section 30A
Financial Assistance may be provided to a party to proceedings where the Attorney-General, on behalf of the commonwealth, intervenes for a review of a decision.
Administrative Appeals Tribunal Act 1975, section 69
Financial Assistance may be provided to a party to a review before the Administrative Appeals Tribunal, and on appeal from the Tribunal to the Federal Court or the Federal Magistrates Court.
Australian Crime Commission Act 2002, section 27
Financial assistance may be provided for witnesses before a sitting of the Australian Crime Commission.
Australian Security Intelligence Organisation Act 1979, section 34ZX
Financial assistance may be provided to a persons who appear before a presrcibed authority for questioning under a warrant.
Defence Force Discipline Appeals Regulations 1957, regulation 11
Financial assistance may be provided to appellants before the Defence Force Discipline Appeals Tribunal where the Tribunal approves the granting of legal aid to the appellant.
Federal Proceedings (Costs) Act 1981, section 16
Cost certificates, usually for specified amounts, may be provided to parties in specific court matters including Federal appeals, new trials and incomplete proceedings.
Freedom of Information Act 1982, section 66
Financial assistance may be provided to successful applicants in freedom of information appeals before the Administrative Appeals Tribunal where the Tribunal makes a recommendation that the applicant's costs be paid by the Commonwealth.
Human Rights and Equal Opportunity Commission Act 1986, section 46PU
Financial assistance may be provided to parties to proceedings before the Federal Court or the Federal Magistrates Court in relation to disability, race or sex discrimination, following termination of the complaint in the Human Rights and Equal Opportunity Commission.
Judiciary Act 1903, subsection 69(3)
Financial assistance may be provided to defendants in trials of federal indictable offences, where a Justice or Judge of the State Supreme Court certifies that the person is without adequate means to provide defence for themselves, and that it is in the interests of justice that Counsel be appointed.
Judiciary Act 1903, subsection 78B
Financial assistance may be provided to parties subjected to additional costs caused by the adjournment of proceedings involving a constitutional matter, to allow notice to be given to the Commonwealth and State Attorneys-General.
Jurisdiction of Courts (Cross-Vesting) Act 1987, subsection 6(7)
Financial assistance may be provided to parties subjected to additional costs caused by the adjournment of proceedings in a State or Territory Supreme Court involving a special federal matter to allow a notice to be given to the Commonwealth and State Attorneys-General.
Law Enforcement Integrity Commissioner Act 2006, section 103
Financial assistance may be available to a person who is summoned under section 83 to attend a hearing before the Integrity Commissioner.
Law Enforcement Integrity Commissioner Act 2006, section 221
A person may apply to the Attorney-General for assistance in respect of the person’s application, or proposed application, to the Federal Court or the Federal Magistrates Court under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act.
Privacy Act 1988, section 63
Financial assistance may be provided to respondents in privacy matters where a tax file number complaint is dismissed, and to parties to proceedings in the Federal Court to enforce a determination of the Privacy Commissioner.
Trades Practices Act 1974, section 170
Financial assistance may be made available to parties to proceedings before the Federal Court or Australian Competition and Consumer Commission or Australian Competition Tribunal relating to certain trade practices.
War Crimes Act 1974, section 19
Financial assistance may be provided to persons charged with war crimes committed in Europe during World War II.
Workplace Relations Act 1996, schedule 1 subsection 324
Financial assistance may be provided to parties (other than organisations or branches of organisations) to proceedings before the Federal Court relating to registered organisations.

Non-statutory schemes include the following:

Royal Commissions and Inquiries Scheme
Financial assistance may be made available for parties to inquiries where the Attorney General has ministerial responsibility for the subject matter of the inquiry, who are central figures, or where there is a special Commonwealth interest in them being represented.

Recent inquiries include:

Clarke Inquiry
For further information – Clarke Inquiry Financial Assistance Scheme
Equine Influenza Inquiry
For further information – Equine Influenza Inquiry Financial Assistance Scheme

Commonwealth Public Interest and Test Cases Scheme
This scheme provides funding for legal and related costs of cases involving questions arising under a law of the Commonwealth which, in the opinion of the Attorney General, are of public importance either because they raise matters in the public interest, or the questions are in the nature of a test case. Financial assistance may be provided to parties to proceedings where a substantial point of unresolved Commonwealth law is involved, or the outcome of the proceedings is likely to affect a large number of disadvantaged persons.

For further information see Guidelines for the provision of assistance by the Commonwealth for legal and related expenses under the Commonwealth Public Interest and Test Cases Scheme.

Overseas Custody (Child Removal) Scheme
This scheme provides financial assistance to persons seeking to recover children from overseas who have been abducted from Australia, or detained outside Australia, by the other parent without their consent.

For more information see Overseas Custody (Child Removal) Scheme

Special Circumstances (Overseas) Scheme
Financial assistance may be available for overseas legal costs and related expenses in special circumstances, other than for the purpose of recovering a child. Assistance under this scheme is provided only in the most exceptional circumstances, usually where the applicant faces the death penalty, a life sentence or other such lengthy period of imprisonment. Assistance may be granted on two bases: where there is a moral obligation on the Commonwealth to make a payment, or there are compassionate grounds for granting assistance.

For more information see Special Circumstances (Overseas) Scheme

Special Circumstances Scheme
An ‘act of grace’ payment scheme, where financial assistance may be provided for legal costs and related expenses where there are special circumstances, and the matter is not covered by existing statutory and non statutory schemes.

For further information see Special Circumstances Scheme Guidelines.

Further details on these and other schemes may be obtained from the Financial Assistance Section on (02) 6218 7070.