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If you've been charged with an offence or have a court date coming up, one of the first questions is usually whether you can get free legal help. In Cairns there are several places to start, and Legal Aid Queensland is the most widely known of them.
This guide explains how Legal Aid Queensland decides who gets a lawyer, what free help is available without a grant of aid, the other free legal services in Cairns, and when people choose a private lawyer instead. It is general information. Each service sets its own criteria, so check with them directly.
Legal Aid Queensland in Cairns
Legal Aid Queensland's Cairns office is on level 7 of the Citi Central Building, 46 to 48 Sheridan Street, Cairns. The office phone is (07) 4252 6800, and it is open Monday to Friday, 8.30am to 4.30pm.
Legal Aid Queensland also runs a statewide Legal Information Line on 1300 65 11 88, Monday to Friday, 8.30am to 4.30pm.
How Legal Aid decides whether to give you a lawyer
Getting a lawyer through Legal Aid is called a grant of aid. Legal Aid Queensland says it uses three sets of criteria: a means test, funding guidelines and, in most cases, a merits test.
- The means test looks at your income and assets to see whether you are financially eligible. Legal Aid says that if your only income is a Centrelink payment you will usually pass the income part, but your assets are still assessed. The assets of anyone who supports you financially can also be counted.
- The funding guidelines set out the types of cases Legal Aid can fund, based on priorities set by the state and federal governments.
- The merits test looks at whether your case is more likely to succeed or fail, whether a sensible person would risk their own money on it, and whether the benefit of having a lawyer justifies spending limited public funds.
Legal Aid Queensland says demand for its services is high, so it uses strict criteria when granting aid for representation. If your application is approved, you may also have to pay a contribution towards your legal costs.
Which criminal matters Legal Aid may fund
Legal Aid Queensland's factsheet on eligibility lists these criminal law matters among those it may fund:
- District Court and Supreme Court criminal proceedings
- indictable offences in the Childrens Court
- appeals to the Court of Appeal or High Court
- Magistrates Court committal hearings where the maximum penalty is more than 14 years' imprisonment
- bail applications
Whether your own matter qualifies depends on the guidelines and tests above. You can apply directly to Legal Aid or through a private lawyer who does legal aid work.
Free help from the duty lawyer on the day
You don't need a grant of aid to see a duty lawyer. Legal Aid Queensland says a duty lawyer is available at most Magistrates Courts in Queensland, including Cairns, and can only help you on the day you have to go to court.
A duty lawyer can usually:
- help you plead guilty on less complex matters
- ask for your matter to be put off to another date
- apply for bail, or to change your bail conditions
Legal Aid Queensland says the criminal duty lawyer won't help with:
- a first or second drink or drug driving offence on its own, unless it's likely you will go to jail
- other traffic offences, such as speeding or careless driving
- a committal hearing or a trial
- complex sentence hearings
- domestic and family violence matters
If your matter is on that list, plan for representation before your court date. Our Cairns Magistrates Court guide explains what happens on the day.
Domestic violence and family law duty lawyers in Cairns
Separate duty lawyer services cover domestic and family violence and family law:
- For domestic and family violence, Legal Aid Queensland lists a duty lawyer at the Cairns Magistrates Court on Tuesday, Wednesday and Friday. They give free information and advice on your court date and may be able to represent you in some situations. No booking is needed.
- For family law, Legal Aid Queensland lists a family law duty lawyer in Cairns every Monday, for people representing themselves who haven't yet had legal advice about the matter. They can give advice and help with forms, but don't run trials or take on casework.
Other free legal services in Cairns
- Cairns Community Legal Centre is on the 2nd floor, Main Street Arcade, 82 Grafton Street, Cairns. Phone 1800 062 608 or (07) 4031 7688. Its general legal service covers areas including criminal law, traffic matters, family law, domestic and family violence and employment law, and it runs outreach to Atherton and Mareeba.
- The Aboriginal and Torres Strait Islander Legal Service (ATSILS) is at 59 McLeod Street, Cairns. Phone (07) 4046 6400 or free call 1800 012 255.
- North Queensland Women's Legal Service is at 130 McLeod Street, Cairns. Phone (07) 4033 5825, or the free advice line on 1800 244 504.
- The Queensland Indigenous Family Violence Legal Service, on free call 1800 887 700, is for Aboriginal and Torres Strait Islander people affected by family violence or sexual assault.
When people choose a private lawyer
A private lawyer is an option when:
- you don't meet Legal Aid's means test, guidelines or merits test
- your matter is one the duty lawyer won't help with, such as most drink driving and traffic charges
- you want advice before your court date, rather than on the morning
- you want one lawyer to stay with your matter from start to finish
Coral Coast Law offers a free first consultation, so you can find out where your matter stands before you decide what to do.
If you've been charged in Cairns and you're not sure whether Legal Aid can help, call us. Your first consultation is free.
This article is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
When you call Coral Coast Law, you speak directly with principal Joseph Rahim, and he handles your matter himself. Your first consultation is free and confidential.
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