Research · A practitioner guide

Legal information or legal advice?

General information for Victoria only

This is a hands-on guide for community workers, caseworkers, family violence, health or education staff, pretty much anyone in Victoria who gets hit with legal questions at work. Here’s what you can safely explain, when you should stop, and how to make sure the person actually gets the help they need.

“My landlord is keeping my whole bond. Can they do that?”
You probably know a bit about this. The person is stressed, and there are a bunch of other people waiting to talk to you. This guide is built for moments just like that.

What’s covered on this page: A two-minute cheat sheet; why it matters; the five risk zones; knowing when to stop; how to hand someone over the right way; real-life examples; and the law itself.

Before you read: This page is general information to help you understand a professional boundary. It is not legal advice about your situation or the situation of the person you are helping. The rental bond examples on this page are made up.

Start here · The short version

You can explain the law. You can’t apply it to someone’s specific situation.

Anyone can share legal information. Only a qualified or otherwise authorised person, generally a lawyer with a practising certificate, can give legal advice. But just fobbing people off with “see a lawyer” isn’t good enough, either. You want to help, offer what you safely can, then make a proper handover.

Ask yourself:

Who are we talking about: nobody in particular, a made-up example, or the person right in front of you?
Are you explaining the law, or are you starting to judge their case and steer them on what to do?

Here’s what you can do:

Explain what the law or process usually says, in clear language.
Break down what the words mean.
Use a made-up example to show how a rule works.
Tell them what public services can help, and how to get there.
Actually help them connect. Don’t just leave it at a suggestion.

Don’t:

Apply the law to their specific facts.
Judge their evidence or chances.
Predict outcomes.
Compare options and say which one is better for them.
Tell them what they should do about their legal position.

Why it matters

Why crossing the line is bad, for the person and for you

Giving someone advice can feel like the kind thing to do. Here is why it usually isn’t.

Why it’s bad for the person

You only hear part of their story. A lawyer would ask questions you might not think to ask, and one missing fact can change the answer completely.
They may act on what you said. They might sign something, miss a deadline, or give up a right they didn’t know they had, and some of those things can’t be undone.
If your answer turns out to be wrong, they have no protection. They aren’t covered by a lawyer’s professional indemnity insurance or the regulator’s compensation scheme, so there may be no way to fix the loss.
Once they feel they have an answer, they may stop looking for real legal help, even when free help is available to them.
What they tell you isn’t protected the way a conversation with their lawyer would be.

Why it’s bad for you

You may be the one held responsible if they rely on what you said and things go wrong.
You are answering without the full facts, the training to weigh them, or the time to check, so it is easy to get it wrong even when you know a lot.
Your role probably isn’t set up or insured for giving legal advice.
It can be an offence. Giving legal advice without a practising certificate can be unqualified legal practice (see “The law behind it” below).

None of this means saying nothing. Explain what you safely can, then hand over properly.

The five zones

The five zones: a practical model

There’s no hard line that splits “legal information” and “legal advice.” Every case is different, so use these five zones as warning signs for when to pause and refer.

1
General information. You just state a general rule or process, with no personal facts. (Low risk)
2
Explanation. You put that rule into plain English, but keep it general. (Still low risk)
3
Hypothetical example. You show how a rule works using an obviously made-up situation. (Risk is creeping up)
4
Personalised options. You start talking pathways or choices for a real person. (High risk: stop and check)
5
Personalised advice. Now you’re applying the law to their facts or telling them what to do about their legal position. (Very high risk: this is where you hand over)

Information slides into advice. Your job is to know when to pause.

Please note: The five zones are a practical risk model, not a legal test. Whether something counts as legal practice depends on the facts of each case, and staying in a “lower risk” zone does not guarantee you are on the right side of the line.

When to stop

Here’s your sign to pause.

Stop and rethink when:

The person starts telling you details about their own situation, and you start to tailor your response.
You find yourself about to predict an outcome: “You’ll win,” or “They can’t do that.”
You’re about to compare options and suggest what they should do.
You’re evaluating their evidence or chances.
There’s a deadline, or stuff like money, housing, safety, immigration or criminal issues at stake.
The person is clearly going to act on what you say.
You feel that urge to reassure: “Don’t worry, that’s illegal.” That’s often legal advice in disguise.

See any of that? Stop and move to a handover. No single phrase or disclaimer protects you if you’ve stepped over the line.

How to hand over

Referring someone isn’t the same as handing over.

Just saying, “See a lawyer,” is a referral. A handover actually gives the person a named service, how to reach them, what help they’ll get, and a backup if plan A fails.

A sentence you can use:

“I can explain how the process generally works, but whether it applies to your situation is legal advice, which I can’t give. The right next step is to speak to a lawyer, and here’s how you can do that.”

And if they ask why you’re stopping?

“I want you to get an answer you can rely on. A lawyer can look at your situation in a way I’m not allowed to.”

Key services:

Victoria Legal Aid Legal Help: Free legal information, and legal advice if you are eligible (there might be wait times), plus Legal Help Chat online. Call 1300 792 387 or visit legalaid.vic.gov.au
Community legal centres: Free, confidential legal help. What’s offered depends on the centre. Find one at fclc.org.au
Law Institute of Victoria’s Find Your Lawyer Referral Service: A free consultation of up to 30 minutes with a private lawyer to talk about your needs, next steps and fees. No legal advice is given in that first consultation. Call 03 9607 9550 (business days, 9am to 12:30pm and 1:30pm to 4pm).
Specialist services: For family violence, migration, employment, debt and other issues, go direct to the relevant specialist service.

Contact details and hours were checked on 28 September 2026. Services change, so check the service’s website before relying on them.

When the first route doesn’t work:

Wait times too long? Suggest Legal Help Chat or a community legal centre. If there’s a deadline, let them know the clock’s ticking.
Can’t call during business hours? Point them to online help, or help them find a time they can call.
Not safe to call or be contacted at home? Never assume phone, text or email is safe. If family violence is in the picture, link them to a specialist family violence service first.
Nowhere else to refer? Be honest with them. It’s a gap in the services, not their fault.

If someone is in immediate danger, don’t muck around. Call 000. This guide is only for legal questions, not emergencies.

Worked examples

What do the five zones sound like?

Let’s take a renter who says their rental provider is keeping their whole bond.

These examples are made up. The rental bond “rules” in them are invented to show how each zone sounds. They are not a statement of the actual tenancy law. Don’t rely on them for a real bond dispute: check Rental Dispute Resolution Victoria or Tenants Victoria.

Zone 1
“In Victoria, a rental provider can’t keep bond money for fair wear and tear. If you disagree with a bond claim, either party can apply to Rental Dispute Resolution Victoria.”
(Just stating the system)
Zone 2
“Fair wear and tear means the usual ageing from ordinary use, like faded paint or worn carpet. Damage is more than that.”
(Still general, just clearer)
Zone 3
“For example, if someone’s landlord claimed a whole bond for carpet cleaning after five years, the question would be, is that damage or just wear from five years’ use? It’d depend on the facts.”
(Don’t let their own story sneak into your example)
Zone 4
“Since you said your landlord claimed your bond, people in your situation usually apply to RDRV. Tenants Victoria or Victoria Legal Aid can help you prepare. Whether the claim will succeed is something a lawyer would need to assess, or the tribunal would decide.”
(Time to pause)
Zone 5
“Your photos show fair wear and tear, so just refuse the claim, apply today, and you’ll win.”
(Don’t go here. That’s advice. Hand over.)

The law behind it

In Victoria, unqualified legal practice is a criminal offence. Under the Legal Profession Uniform Law, only a “qualified entity” may engage in legal practice: generally a lawyer with a practising certificate or a registered law practice. Some other professionals are authorised to do limited legal work in their own field (for example, conveyancers, accountants, migration agents, and patent or trade mark attorneys). Having a law degree on its own doesn’t authorise you, and neither does wanting to help.

The maximum penalty is up to two years’ jail, a fine, or both.

According to the VLSB+C, these could be unqualified legal practice if you do them without a practising certificate:

Give someone legal advice about their legal affairs (spoken or written)
Write court or tribunal documents (applications, forms, submissions)
Write, or advise on, transactional documents for others (contracts, wills, settlements)
Write anything that suggests you legally represent someone
“Ghost draft”: write up documents for someone but put their name on them
Appear at a court or tribunal as someone’s representative

Courts have said that outlining a person’s options and discussing the consequences of each are strong signs of legal work (Council of the Law Society of NSW v Australian Injury Helpline Ltd [2008] NSWSC 627 at [96], as summarised in the NSW Law Society Journal).

What doesn’t protect you

You might think, “I gave it for free,” or “it was just this once,” or “the advice was accurate,” or “I said I wasn’t a lawyer.” The regulator, the Victorian Legal Services Board and Commissioner (VLSB+C), says you may still be engaging in unqualified legal practice in any of those cases.

A disclaimer isn’t a shield. You can say you’re not a lawyer, but if you give the kind of advice only a lawyer can give, you may still be on the hook.

Accuracy isn’t enough either. If someone gets legal help from an unqualified person and something goes wrong, they are not protected by a lawyer’s professional indemnity insurance or the VLSB+C’s compensation scheme.

Digital and AI tools

If a chatbot or AI tool is giving people legal information, the same boundary applies. The Victorian Law Reform Commission has said that if AI tools are used to give legal advice, this will likely raise issues of unlawful and unqualified legal practice. An AI tool can’t hold a practising certificate.

Smart controls for AI systems. These are our recommendations, not rules set by a regulator:

Detect if a user starts sharing their own facts.
Catch any answer that predicts outcomes, assesses evidence or tells the person what to do about their legal position.
Route the user to a real human handover before those answers go out.

Why this page works

Safe to Say

Every legal statement here is backed by the regulator, legislation or a named case, listed in the sources below. The five zones help you spot your risk rather than pretending there’s a magic line.

Safe to Reach

You get the two-minute version right away. The detail comes later, for people who want it. It all starts with the kind of question you actually get at work.

Safe to Use

You get a couple of quick questions to ask yourself, a list of pause signs, a sentence you can use, real service contacts, and a plan if the first option fails.

The framework What good legal information looks like

Sources

Victorian Legal Services Board and Commissioner, Unqualified legal practice: lsbc.vic.gov.au
Legal Profession Uniform Law Application Act 2014 (Vic), Schedule 1 (Legal Profession Uniform Law), section 10
Legal Services Council, Legal technological innovation and the Uniform Law
Council of the Law Society of NSW v Australian Injury Helpline Ltd [2008] NSWSC 627
Victorian Law Reform Commission, Artificial Intelligence in Victoria’s Courts and Tribunals: Consultation Paper (October 2024) and Report (October 2025)
Victoria Legal Aid: legalaid.vic.gov.au
Law Institute of Victoria, Find Your Lawyer Referral Service: liv.asn.au/referral
Rental Dispute Resolution Victoria, Bond disputes: rdrv.vic.gov.au

Owner: Lejacie · Reviewed when RDRV, Victoria Legal Aid, the LIV or the VLSB+C change their guidance · Next review: [date]

Chami Rupasinghe · Admitted Australian lawyer (non-practising) · Founder, Lejacie · info@lejacie.com

This is general information about the regulatory and professional boundary in Victoria. It is not legal advice about anyone’s individual situation. Lejacie does not provide legal advice or representation. Get this guide reviewed by an Australian legal practitioner before you rely on it. And yes, that last sentence is an example of where the line lies.