Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_2
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 86286–88487

2  Meaning of pro bono legal work
 (1) In this Appendix:
pro bono legal work means any of the following kinds of work:
 (a) giving legal assistance for free or at a substantially reduced fee to any of the following:
 (i) an individual who can demonstrate a need for legal assistance but cannot obtain legal assistance or access to the legal system without incurring significant financial hardship;
 (ii) an individual or organisation that needs assistance in relation to a matter that raises an issue of public interest and that would not otherwise be pursued;
 (iii) a charity or other non‑profit organisation that works on behalf of low income or disadvantaged members of the community, or for the public good;
 (b) conducting law reform and policy development in relation to issues affecting low income or disadvantaged members of the community, or in relation to issues of public interest;
 (c) providing free community legal education on issues affecting low income or disadvantaged members of the community, or on issues of public interest;
 (d) providing a lawyer on secondment to a community organisation (including a community legal organisation) or to a referral service provider (for example, as a public interest law clearinghouse).
 (2) However, pro bono legal work does not include:
 (a) giving legal assistance to a person for free or at a reduced fee without having regard to whether the person can pay for the assistance; or
 (b) a free first consultation with a client who is otherwise billed at normal rates; or
 (c) legal work provided under a grant of legal assistance; or
 (d) legal work undertaken under a contingency fee arrangement, or other speculative legal work that is undertaken with a commercial expectation of a fee; or
 (e) the sponsorship of a cultural or sporting event, or work undertaken for business development or marketing purposes; or
 (f) time spent by a lawyer sitting on the board of a community organisation (including a community legal organisation) or a charity.
Note: This definition is based on the definition of pro bono legal services in the National Pro Bono Aspirational Target Statement of Principles developed by the Australian Pro Bono Centre.