Victoria Legal Aid

Revised special circumstances guideline

We have revised our special circumstances guideline to make it clearer, more consistent and easier to apply.

Friday 17 February 2023 1:55am

We have revised our special circumstances guideline to make it clearer, more consistent and easier for practitioners to apply.

The revised special circumstances guideline clarifies our existing approach and does not expand or restrict the existing eligibility criteria. The revised guideline also uses language that is consistent with our Disability Action Plan and legislative references have been updated and explained.

The revised special circumstances guideline:

  • now clarifies that ‘special circumstances’ are only available where the matter falls within one of Victoria Legal Aid's other guidelines but does not satisfy all the requirements of that guideline
  • uses the expression ‘reading or writing difficulty’ instead of ‘language or literacy problem’
  • uses the phrase ‘serious mental health issue’ instead of ‘psychiatric disability’
  • defines ‘reading or writing difficulty’ and ‘serious mental health issue’
  • provides a definition of ‘intellectual disability’ that is consistent with the Disability Act 2006 (Vic)External Link
  • refers to the Mental Health Act 2014 (Vic)External Link instead of the repealed Mental Health Act 1986 (Vic).

More information

Read more about the special circumstances guideline on the VLA HandbookExternal Link .

For questions about the guideline, please email grants@vla.vic.gov.au.

Reviewed 20 February 2023