Minister for Justice Siromi Turaga says the review is aimed at ensuring people are not excluded from legal assistance. [Picture: FILE]

Government has been asked to make a standard criteria for Fijians to better understand who can apply for legal services from the Legal Aid Commission.

Opposition MP Jone Usamate raised this in Parliament after Minister for Justice Siromi Turaga states the $15,000 annual net disposable income threshold should not limit applicants.

Turaga clarified the so called threshold has been in place for over 25 years however, nowhere in law was this set.

The Minister says that the threshold is used when assessing applications for legal assistance in criminal, family and civil matters, as well as certain non-court matters.

“The current 15,000 net disposable annual income threshold has been in place for more than 25 years. During that period, Fijians experienced significant changes in population, wages, household expenditure, and overall cost of living. Economic circumstances faced by individuals and families today are very different from those that existed when the threshold was introduced in 1998.”

Opposition MP Jone Usamate questioned how applicants can determine whether they qualify for assistance while the review is underway.

“Are there any particular standard criteria that you will use so that people can have a better understanding of what it means that the 15,000 threshold does not apply? What does merit mean? So people can really understand whether they are eligible for getting Legal Aid Commission assistance or not.”

Turaga says the means assessment is not applied rigidly in every circumstance, with the Director of Legal Aid able to consider applicants whose disposable income exceeds $15,000.

“There is also a reason for that. It has financial implications. We cannot grow Legal Aid. Currently, Mr. Speaker, as you understand, as a former Court of Appeals judge, Legal Aid is probably the largest law firm. And they are trying their level best to handle the workload. So there is also a budgetary constraint.”

Turaga says the review is aimed at ensuring people are not excluded from legal assistance simply because the financial criteria have not kept pace with economic realities.

He says any adjustment must ensure assistance remains targeted at those who genuinely cannot afford legal services.