Childless couples lose legal aid for divorce proceedings

WEDNESDAY, JUNE 29: Couples going through a divorce will no longer be able to qualify for legal aid unless there are children involved.

Senator Kim Wilson outlined the Legal Aid Amendment Act 2011 in the Senate today, announcing the changes which are expected to save Government money.

Sen Wilson said legal aid applicants were always subjected to a means test. But in criminal cases, defendants sentenced to more than five years were granted legal aid “as of right”.

All other applicants were granted legal aid at the discretion of the committee.

“The bill proposes amendments to limit the scope of civil cases, in particular, cases falling under the family law jurisdiction”, she said.

Sen Wilson said in 2007/2008, there were 86 certificates granted. In 2009/2010, there were 154.

“Thus for family law matter, it is proposed that legal aid will only be granted for those matters involving child welfare such as custody, adoption, maintenance or support of child under the age of 18 years.