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Apply for legal assistance

 

The Environmental Defender's Office WA (Inc) offers legal services to those who cannot otherwise afford them.

Any request for legal assistance must meet some basic requirements. Here is a guide:

1. Is the matter concerned with environmental protection?
2. Is the matter in the public interest?
3. Is private legal assistance beyond the means of the applicant?

If you answered 'yes' to each of these questions, we may (subject to funding and other commitments) offer you legal advice and legal representation.

If you wish to apply for legal assistance, please complete one of the forms below and send it to us.

- Adobe Acrobat Legal Assistance Form

- Microsoft Word Legal Assistance Form

Assessment Criteria

The following criteria are applied by the EDO to decide which cases we will to take on:

  • The matter must relate to an environmental issue and be in the public interest.
  • To determine whether the matter is in the public interest the following should be considered:
    • Is the matter being raised primarily for the benefit of more than one person?
    • Does the matter offer an opportunity to set a useful precedent that would benefit many other people in similar or comparable circumstances?
    • Is providing legal assistance the only way (or the most efficient way) to resolve the issue?
    • Would organisations other than the EDO be better placed to assist (eg: because of their expertise)?
    • Does the person represent other people (including members if the person is a body corporate)?
    • Does the apparent legal ground(s) of the complaint (such as a ground of review) itself raise a matter of general or environmental concern (such as a right to be consulted, or taking into consideration environmental issues in granting a land use approval), or does it raise some other (e.g. technical town planning) issue?
    • Does the matter entail defending or furthering a positive result achieved earlier by, or through the involvement of, the EDO?
  • The impact on the EDO’s resources may also be considered, and in particular:
    • Whether the EDO has the necessary expertise to help you with your matter.
    • Whether our staff have enough time to deal with the matter in the timeframe required.
    • Whether the person sought legal assistance from other sources or can afford to do so.

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