Changes to summary crime legal aid grant processes

We are making changes to the VLA Handbook and legal aid grant processes for summary crime matters, taking effect on 30 March 2026.

These changes clarify requirements for summary crime grants and simplify processes. They’re based on feedback from panel practitioners, while considering our continued funding constraints.

We hope these improvements will make a difference to practitioners’ experience in delivering legal aid for clients.

Mentions and adjournment hearings

We’ve made requirements for claiming mention and adjournment hearing fees simpler.

From 30 March 2026, you can claim up to two mention fees through the simplified grants process. These claims don’t need prior approval, reducing time and paperwork.

This is in addition to the two adjournment hearing fees you can already claim under the simplified grants process.

We’ve also added examples of the exceptional circumstances where mention and adjournment fees can be claimed. The exceptional circumstances haven’t changed, but the examples provide more clarity.

These changes only apply to claims made from 30 March 2026 – claims made prior aren’t affected.

Mention hearing fees

We may pay a mention fee where:

• an application to administratively adjourn a matter to contest mention has been refused by the court and submissions are required to progress the matter
• submissions have resulted in all charges being struck out
• the court has adjourned or abridged the matter to a particular list for mention and requires practitioner attendance
• in Specialist Children’s Court lists, an intensive case management approach is taken and requires practitioner attendance
• a client in custody has significant cognitive impairment or acute mental health conditions and submissions are required to progress the matter.

Where an additional mention fee is requested, practitioners must submit an extension for assessment explaining the exceptional reasons why a further fee should be paid.

Adjournment hearing fees

We may pay an adjournment fee where a substantive hearing is delayed or does not proceed on the day. For example:

• the matter is listed for a substantive hearing, the administrative adjournment request is refused, and the court requires in-person attendance
• a costs application has been made.

Where an additional adjournment fee is requested, practitioners must submit an extension for a special disbursement explaining the exceptional reasons why a mention or adjournment fee should be paid.

‘Not guilty’ pleas

We’ve clarified the scope of the guideline for ‘not guilty’ pleas in the Magistrates’ Court.

Clients seeking the withdrawal of a charge of beaching a family violence intervention order may now be able to get a grant of aid if the withdrawal is sought on public interest grounds.

This applies specifically where the intervention order was made based on the police misidentifying the client as the predominant aggressor of family violence.

Bail revocations

We’ve made it easier to claim fees for clients defending an application to revoke bail.

From 30 March 2026, you can claim fees for bail revocation cases through the simplified grants process. These claims don’t need prior approval, reducing time and paperwork.

The fees payable for preparation and appearance at a bail revocation hearing are the same as those for a standard bail application grant found in Tables B, C and D of the VLA Handbook.

We generally grant legal aid to a person to respond to an application for revocation of bail if there is a reasonable basis to oppose the application. We’ve provided more guidance on what is considered a ‘reasonable basis’.

‘Reasonable basis’ means that an application should be opposed, taking into account:

• the grounds of the application
• any charges
• personal circumstances of the respondent (including consideration of factors in sections 3AAAA and 3AAA).

While the court has a broad discretion on revocation applications and these provisions are not specified as relevant, the bail revocation submissions argue that section 3AAA must be taken into account if the court is assessing risk.

We consider there to always be a reasonable basis to oppose an application to revoke bail where:

• the applicant is a child
• the applicant is Aboriginal or Torres Strait Islander
• the application is brought only on the belief that a person is likely to commit a further offence or the belief that a person is likely to breach a condition of bail.

Where a bail revocation is listed alongside an application for bail on new charges, the revocation application does not attract a separate fee. For funding purposes, the revocation application is treated as part of the bail application on new charges.

Contact

The VLA Handbook will be updated on 30 March 2026 to reflect these changes.

If you have any general questions, please email:

• Associate Director Sharon Keith in Summary Crime (for adult crime) at sharon.keith@vla.vic.gov.au
• Associate Director Amanda Carter in Youth Crime (for youth crime) at amanda.carter@vla.vic.gov.au

For questions about individual matters and grant applications, please contact our Grants and Quality Assurance unit.