Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Means Test Review

We reviewed our means test in order to ensure our services are properly targeted to those most in need.

On this page

Release of our public report

Download our public report on the outcomes of the Means Test Review – Towards a fairer legal system (pdf, 426 KB)(opens in a new window).

The report should be read jointly with Upcoming changes to the means test (pdf, 153 KB)(opens in a new window) which summarises the 13 changes.

Previous papers that were released during the review can be accessed on our options for change and consultation pages.

You can also read our Infographic overview of the Means Test Review (pdf, 433 KB)(opens in a new window)

Accessible versions

Download these materials in an accessible Means Test Review – Towards a fairer legal system (accessible version) (docx, 180 KB)(opens in a new window).

About the Means Test Review

Demand exceeds supply

We use eligibility tools to ensure that resources are targeted to those most in need of legal assistance. Financial eligibility, measured by the means test, is the first hurdle of eligibility for a grant of legal assistance.

Our means test was designed to make sure that Victorians who couldn’t afford a lawyer could get access to a lawyer. Our clients will often be facing a life crisis including criminal charges against them, losing access to their children or being excluded from essential social services.

The purpose of our Means Test Review

We have reviewed our means test. The goal of the Means Test Review was to establish a fairer and more easily understood means test to ensure our services are properly targeted to those most in need.

The purpose of the means test review was to:

  • consult broadly to examine possible changes to our means test to ensure that more Victorians who need it, qualify for legal aid
  • develop and implement a revised means test and contributions policy that is simple to understand, flexible, efficient to administer, financially sustainable and fair.

The proposed changes have been targeted to make it easier for people who are in unstable employment, in insecure housing, or fleeing from family violence to get legal help.

When people don’t have access to a lawyer

The means test was designed to make sure that Victorians who couldn’t afford a lawyer could get access to a lawyer. Our clients will often be facing a life crisis including criminal charges against them, loosing access to their children or they could be excluded from essential social services. The consequence of Victorians not being able to access a lawyer when faced with going to court or defending themselves alone, include:

  • an overburdened criminal justice system with self-represented litigants not understanding the legal process
  • legal problems escalate and a higher chance of reoffending increases
  • community safety is compromised as individuals are not receiving fair treatment before the court if they cannot access legal help
  • no access to justice when other Victorians can afford a lawyer.

What we will be changing

Targeted changes to help casually employed, young people and those in insecure housing situations.

We developed some recommendations to change the means test using what we found from our two consultations. We want to make the means test simpler, fairer and more accessible. Proposed changes include:

  • waiving the need to provide documents in some circumstances
  • creating an online means test calculator
  • exempting children from the means test
  • providing additional training and guidance.

These changes are targeted to make it easier for people who are:

  • casually employed or have unstable employment
  • vulnerable young people, and
  • people in insecure housing situations.

Our review process

There are four key stages of the review.

1. Consultation

In 2016 we launched the Means Test Review with the release of a Consultation Paper. We asked people to tell us about their experience of missing out on legal aid and put out a call for written submissions about how we could improve our means test.

Read more about our consultation phase.

2. Options

Following consultation and research, we developed 47 possible changes to our means test. These changes were rated by their impact, cost and whether they would make our means test simpler or fairer. We also looked at what other social services across the world were doing that might assist us in revising our test.

We released an Options Paper in May 2017 along with an online survey so that people could tell us what they thought of these possible changes. People were also able to make further submissions to the Review.

Read more about our options phase.

3. Final recommendations

In November 2017, we presented a Final Recommendations Report to the VLA Board of Directors containing 43 recommendations for change to our means test. These changes were prioritised by their impact and cost.

13 of the recommendations were approved to be implemented now, with the remaining to be considered should additional funding be made available.

4. Implementation

Work is now underway to implement the 13 changes. Of these, 11 will come into effect on 1 October 2018.

Read our public report.

More information

For general queries about legal aid eligibility, please phone 1300 792 387.

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