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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Private billing and panel practitioner obligations

Private practitioners have obligations under the Legal Aid Act 1978 (Vic) when privately billing or accepting payment from a client they are representing under the Act.

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Under s 32 of the Act, if a private legal practitioner performs legal services on behalf of an assisted person, they must not demand, take or accept any payment for performing those services other than the payment to which they are entitled to under the Act, which is:

  • the standard Victoria Legal Aid fees pursuant to the VLA Fee Tables
  • or if there is no standard fee, an amount determined by Victoria Legal Aid (VLA).

Contravening this provision is an offence under s 32 and can attract a penalty of 50 penalty units or imprisonment for six months.

Accordingly, practitioners cannot ask for or accept any ‘top-up’ payments in addition to the fees included in a standard grant approved by VLA. This includes fees payable to counsel, which are also to be taken from the standard grant.

Please contact the Practitioner Support Officer team, at GrantsTraining@vla.vic.gov.au or call (03) 9269 0600, if you are unsure of your obligations under s 32.

Practitioner obligations with existing clients

Under the conditions of their panel deed, practitioners should not perform legal services on behalf of an assisted person (or take payment for such services) in an area of law which falls outside their panel membership, where the client may otherwise be eligible for a grant of legal assistance.

In these instances, practitioners should advise their client about their eligibility for legal assistance, refer them to an appropriate panel firm and have that firm apply for a grant of aid on the client's behalf.

Private billing and client eligibility

Panel practitioners are required to continually assess a client’s entitlement to legal assistance, or their obligation to pay a contribution, and notify VLA immediately of anything which may affect a client’s entitlement to legal assistance.

For example, a client’s ability to pay privately for legal assistance or to pay ‘top up’ fees may be an indicator that the client is no longer eligible for assistance under the means test, or may be required to pay a contribution towards their legal fees.

Additionally, s 44 of the Act makes it an offence for a person in connection with the application for a grant of legal assistance to:

  • knowingly provide false information
  • supply information that person knows to be false
  • fail to disclose other information relevant to the application for legal assistance.

Contravening this provision is an offence under s 44 and can attract a penalty of 25 penalty units or imprisonment for six months.

More information

Please contact the Practitioner Support Officer team, at GrantsTraining@vla.vic.gov.au or call (03) 9269 0600 with any queries relating to the private billing of clients in receipt of a grant of legal assistance.

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