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Legal aid assistance in Australia is administered separately by each of the different states and territories. Each state and territory has their specific statutory agencies set up for that reason.
In Australia legal aid work is almost performed exclusively by private practising law firms who accounts to Legal Aid for their fees, rather than state employees or “public defenders”. In these cases, the amount received from Legal Aid would always be less than private-paying clients.
Those who go through family law proceedings involving custody of children will usually be granted aid, unless they fail to meet the means or asset test. Nevertheless, aid will only be granted to attend an informal proceeding such as a conference, at which a mediator will encourage parties, involves in agreeing on a consent order. If an agreement is not reach, then the Legal Aid agency will fund for court proceedings.
It is only rare cases such as worker’s compensation claims or more commonly criminal injuries compensation claims that legal aid will be granted for civil proceedings.
The major problem that legal aid faces in Australia is under funding. Not like their counterparts around the world, the budget provided by the Australian government to subsidise legal aids is very low and dependent on donation from charities is not enough. As a result those who require the assistant of legal aid and cannot afford private counsel have no recourse but to represent themselves.
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