Access to just this? Eligibility for legal aid in Australia and its implications

Access to just this? Eligibility for legal aid in Australia and its implications explores the restrictive eligibility criteria for legal aid in Australia and its consequences.  

With only 8% of households meeting income and asset tests for legal aid, many people below the poverty line are ineligible for free legal assistance.  Despite recommendations for increased funding by the Justice on the Brink report and the NLAP Independent Review, the National Access to Justice Partnership falls short, exacerbating unmet legal needs.

This paper highlights how underfunding is leading to a growing "missing middle," where individuals are too wealthy for legal aid but unable to afford private services. More concerning is the "missing majority," where nearly 40% of Australians living in poverty are ineligible for legal aid.  

Consequently, complex eligibility requirements and a fragmented legal assistance system often led to referral fatigue, which leaves people unable to resolve their problems that both compounds legal issues and contributes to loss of trust in the legal system.  

Drawing from the Public Understanding of Law Survey, this paper points to significant unmet legal need among low-income groups. It reveals how the differences in the type and severity of problems, legal capability, and the nature of the needs all play a role in unmet legal need.

This paper calls for increased funding, less stringent means tests, and redesigned entry points to legal assistance, to improve access to justice.  It argues that equitable access to legal aid is essential for resolving life problems, enhancing wellbeing, and upholding the rule of law in Australia.